South Africa Case Law

Skepe v Minister of Police (802/2020)

Skepe v Minister of Police (802/2020) [2023] ZAECMHC 57 (14 November 2023)

Court

Eastern Cape High Court, Mthatha

Case number

802/2020

Judge

Cengani-Mbakaza

The court found the police officers to be credible witnesses whose version was corroborated and consistent with the proven facts. The plaintiff was observed in possession of the stolen tyre and admitted his intention to sell it. The police officers acted on facts apparent to them and reasonably interpreted the situation as a crime being committed in their presence. The arrest and detention were justified under section 40(1)(a) of the Criminal Procedure Act. The plaintiff was brought before court within a reasonable time, and his subsequent detention was by order of the magistrate. The court h…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Vicarious Liability
• Justification For Arrest
• Onus Of Proof

S v Mbanjwa (CA&R 41/07)

S v Mbanjwa (CA&R 41/07) [2008] ZAECHC 192 (17 November 2008)

Court

High Courts - Eastern Cape

Case number

CA&R 41/07

Judges

Jansen, Goosen

The appeal failed. The court held that two uncalled witnesses were not essential under section 186, and upheld the magistrate’s findings on conviction and sentence.

• Section 186 Criminal Procedure Act
• Failure To Call Witnesses
• Credibility Of Witnesses
• Justification For Arrest
• Assessment Of Sentence
• Criminal-appeal