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South Africa decisions
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Philasande v Minister of Police and Another (Leave to Appeal) (2388/2017) [2024] ZAECMHC 72 (1 October 2024)
The High Court dismissed an application for leave to appeal against a judgment on unlawful arrest and detention, finding no reasonable prospects of success.
Stuurman v Minister of Police and Another (1836/2019) [2021] ZAECPEHC 15 (9 March 2021)
The court found that the arresting officer had reasonable grounds to suspect the plaintiff was involved in dealing in and possession of drugs, based on the presence of drugs and cash in the outbuilding, the plaintiff's conduct, and the circumstances of the police raid. The plaintiff's version was rejected as improbable and unreliable. The arrest and initial police detention were held to be lawful under section 40(1)(b) of the Criminal Procedure Act. The subsequent judicial detention was caused by valid remand orders of the magistrate, which were not impugned in these proceedings. No wrongful…
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Minister of Justice and Constitutional Development and Another v Zealand (387/06) [2007] ZASCA 92; 2007 (2) SACR 401 (SCA) (20 June 2007)
The Supreme Court of Appeal held that the respondent was unlawfully detained from 11 October 2001 to 30 June 2004. The court found that the release on warning recorded on 11 October 2001 was valid and not a clerical error, as evidenced by the absence of a detention warrant and corroborating documentation. The subsequent remand in custody on 29 October 2001 did not comply with statutory requirements for cancelling release on warning, rendering the detention unlawful. For the period prior to 11 October 2001, the respondent's detention was pursuant to valid court orders and thus lawful. The cour…
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