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South Africa decisions
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Fuduswa v Minister of Police (155/2016) [2018] ZAECGHC 60 (17 July 2018)
The High Court held that the plaintiff’s arrest and overnight detention were unlawful because the officer lacked reasonable grounds for a Schedule 1 suspicion.
Ramphal v Minister of Safety and Security (CA203/2007) [2008] ZAECHC 10; 2009 (1) SACR 211 (E) (18 February 2008)
The arrest of the appellant was unlawful because it was effected solely on the instruction of a public prosecutor, who had no statutory authority to order an arrest. The police officer failed to exercise his own discretion, believing himself duty-bound to follow the prosecutor's instruction, and thus did not apply his mind as required by law. Furthermore, the arrest was made for an improper purpose: to compel the appellant to make a warning statement and abandon his right to silence, which is protected under section 35(3)(h) of the Constitution. The magistrate erred in finding the arrest reas…
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