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South Africa decisions
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Gqunta v Minister of Police (CA24/2019) [2020] ZAECGHC 82 (4 August 2020)
The High Court held that the police unlawfully detained the appellant after arrest by failing to properly consider police bail, and awarded damages of R50,000.
S.V and Others v Minister of Police (481/2016) [2018] ZAECPEHC 50 (23 August 2018)
The court found that the plaintiffs failed to provide a credible or reasonable explanation for their possession of the vehicle battery and could not identify or locate the owner at the time of arrest. Their conduct, including dropping the battery upon seeing the police and arguing among themselves, further supported the police officers' reasonable suspicion. The mediation agreement, signed by the plaintiffs, confirmed that the owner had not given permission for the removal of the battery. The arresting officer acted within the scope of section 40(1) of the Criminal Procedure Act and section 3…
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Setlhapelo v Minister of Police and Another (45031/2012) [2015] ZAGPPHC 1050 (20 May 2015)
The court found that the defendant proved all jurisdictional facts for a lawful arrest under section 40(1)(e) of the Criminal Procedure Act. The plaintiff was found in possession of property with removed price tags and gave contradictory, unverifiable explanations for its origin, which rendered the suspicion objectively reasonable. The arresting officer's discretion to arrest was exercised rationally and within the range of reasonable responses. The plaintiff failed to properly plead or prove that his detention became unlawful due to failure to consider police bail under section 59(1)(a) of t…
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Setlhapelo v Minister of Police and Another (45031/2012) [2015] ZAGPPHC 363 (20 May 2015)
The court found that the defendant proved all jurisdictional facts required for a lawful arrest under section 40(1)(e) of the Criminal Procedure Act. The plaintiff was found in possession of multiple items with removed price tags and provided inconsistent and unverifiable explanations for their origin, which rendered the suspicion of theft objectively reasonable. The arresting officer's decision to arrest was rational and within the range of responses open to a reasonable decision-maker. The plaintiff failed to prove that the discretion to arrest was exercised improperly or unlawfully. Regard…
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