Kulati v Minister of Police (2459/2017)
Kulati v Minister of Police (2459/2017) [2020] ZAECPEHC 6 (18 February 2020)
The court found that the plaintiff's arrest was lawful under section 40(1)(h) of the Criminal Procedure Act, as the arresting officer had a reasonable suspicion based on the plaintiff's conduct and the discovery of a mandrax tablet. However, the continued detention of the plaintiff from 08h00 on 15 April to 13h00 on 18 April 2017 was unlawful because the police failed to consider and facilitate prosecutorial bail, as required by section 59A of the Act. The police's failure to exercise their discretion and bring the matter to the prosecutor resulted in an unjustified deprivation of liberty. Th…
Source excerpt
- Unlawful Detention
- Arrest Without Warrant
- Vicarious Liability
- Damages Assessment
- Prosecutorial Bail