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Delict [2024] ZASCA 105

Minister of Police v Sabisa and Another (725/2023)

Minister of Police v Sabisa and Another (725/2023) [2024] ZASCA 105; 2024 (2) SACR 553 (SCA) (28 June 2024)

The Supreme Court of Appeal found that the Minister failed to prove the lawfulness of the arrest and detention of the respondents. The police did not comply with section 39(2) of the Criminal Procedure Act, as the warrants were not produced at the time of arrest nor were the respondents informed of their existence. The respondents were unlawfully detained in Butterworth, which was not a police station nor a place stated in the warrant, and subsequently held in hospital for nine days without a court order authorising such detention as required by section 50(1)(d)(ii). The Minister's reliance o…

  • Unlawful Arrest
  • Unlawful Detention
  • Assault
  • Criminal Procedure Act
  • Damages For Contumelia
  • Execution Of Warrant
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