Shode v Minister of Police (CA17/2021)
Shode v Minister of Police (CA17/2021) [2022] ZAECMKHC 11 (3 May 2022)
The court found that the magistrate correctly rejected the respondent's version and accepted the appellant's evidence that the arrest was effected without proper investigation and without reasonable grounds to suspect imminent harm, as required by the Domestic Violence Act. The arrest occurred three days after the alleged breach, and the arresting officer relied solely on an unverified statement and the complainant's emotional state. The magistrate erred in calculating the duration of detention and in applying an incorrect interest rate. The quantum awarded was inadequate given the circumstan…
Source excerpt
- Unlawful Arrest
- Wrongful Detention
- Quantum Of Damages
- Contumelia
- Interest Rate On Judgment
- Domestic Violence Act