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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 282

Mtsweni v Minister of Police (23992/16)

Mtsweni v Minister of Police (23992/16) [2020] ZAGPPHC 282 (26 June 2020)

Court
North Gauteng High Court, Pretoria
Case number
23992/16
Judge
Mogotsi

The High Court held that the plaintiff’s warrantless arrest was lawful under section 40(1)(b) of the Criminal Procedure Act and dismissed the claim with costs.

  • Unlawful Arrest
  • Section 40 Criminal Procedure Act
  • Reasonable Suspicion
  • Schedule 1 Offences
  • Discretion Of Arresting Officer
  • Unlawful-arrest
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Civil Procedure [2017] ZANWHC 32

Dintoe v Minister of Police (1127/2015)

Dintoe v Minister of Police (1127/2015) [2017] ZANWHC 32 (23 March 2017)

Court
North West High Court, Mafikeng
Case number
1127/2015
Judge
J T Djaje

High Court held the plaintiff’s arrest and detention unlawful, finding no reasonable suspicion or rational basis under the Criminal Procedure Act. The assault claim failed.

  • Unlawful Arrest
  • Unlawful Detention
  • Domestic Violence Act
  • Discretion Of Arresting Officer
  • Burden Of Proof
  • Assault Claim
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.