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South Africa decisions
Decisions matching the current search
Tolaone v Minister of Police - Leave to Appeal Judgment (433/2019) [2023] ZAFSHC 287 (21 July 2023)
The High Court granted leave to appeal and leave to cross-appeal, and allowed condonation for late filing, finding reasonable prospects another court may differ.
National Commissioner of Police and Another v Coetzee (649/11) [2012] ZASCA 161; 2013 (1) SACR 358 (SCA) (16 November 2012)
The Supreme Court of Appeal held that the refusal of bail by police officials does not render an otherwise lawful arrest and detention unlawful. The respondent was lawfully arrested by a peace officer for offences committed in his presence, and there was no evidence that bail was properly requested and refused. The interdictum de homine libero exhibendo is not applicable where detention is lawful. The high court erred in ordering the respondent's release and imposing punitive costs orders against police officials, as their conduct did not amount to unlawful detention or breach of constitution…
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S v Evelio (D1664/2010) [2011] ZAGPJHC 143; 2012 (1) SACR 367 (GSJ) (14 October 2011)
On automatic review, the High Court set aside a conviction for escaping from lawful custody because the State failed to prove a lawful arrest.
Minister of Law and Order v Kader (275/89) [1990] ZASCA 111; 1991 (1) SA 41 (AD); [1991] 1 All SA 256 (A) (27 September 1990)
The court held that the respondent’s arrest and remand detention were lawful, and that section 64 of the Internal Security Act did not bar section 50(1) detention before prosecution.
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