South Africa Case Law

Groves N.O. v Minister of Police (CCT 223/22)

Groves N.O. v Minister of Police (CCT 223/22) [2023] ZACC 36; 2024 (1) SACR 286 (CC); 2024 (4) BCLR 503 (CC) (14 November 2023)

Court

Constitutional Court

Case number

CCT 223/22

Judges

Zondo, Maya, Kollapen, Madlanga, Majiedt, Mathopo, Potterill, Rogers, Theron

The Constitutional Court held that a peace officer executing a warrant of arrest under section 43(2) of the Criminal Procedure Act does not have a discretion to refrain from making the arrest. The obligation to arrest is imposed by the warrant, and the officer is not required to be familiar with the underlying facts or the contents of the docket. The discretion to arrest lies with the Magistrate or justice who issues the warrant, not with the executing officer. The Court found that the reasoning of the High Court regarding the exercise of discretion by the arresting officer was flawed, but th…

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• Warrant Of Arrest
• Police Discretion
• Section 43 Criminal Procedure Act
• Bill Of Rights Limitation
• Punitive Costs
• Wrongful Arrest

Msimango v Minister of Police (2379/2019)

Msimango v Minister of Police (2379/2019) [2023] ZAECMHC 50 (19 September 2023)

Court

Eastern Cape High Court, Mthatha

Case number

2379/2019

Judge

T.V. Norman

The court found that the warrant of arrest relied upon by the defendant was invalid as it did not comply with section 43(1)(a) of the Criminal Procedure Act, failing to set out the alleged offence in the warrant section. The police merely executed the warrant without exercising discretion, and the defendant failed to justify the further detention of the plaintiff until his release. The invalidity of the warrant rendered both the arrest and subsequent detention wrongful and unlawful. The plaintiff's claim for damages was upheld, but the court rejected exaggerated and unsupported claims of mist…

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• Unlawful Arrest
• Unlawful Detention
• Warrant Of Arrest
• Section 43 Criminal Procedure Act
• Constitutional Rights
• Quantum Of Damages

Mphanama v Minister of Police and Others (411/2015)

Mphanama v Minister of Police and Others (411/2015) [2020] ZALMPPHC 20 (13 May 2020)

Court

Limpopo High Court, Polokwane

Case number

411/2015

Judge

KGANYAGO

The High Court held that the criminal summons was not properly served, but the warrant of arrest was lawfully authorised and executed, so the plaintiff’s action failed.

• Unlawful Arrest
• Warrant Of Arrest
• Malicious Prosecution
• Service Of Summons
• Section 43 Criminal Procedure Act
• Unlawful-arrest

Wardle v Minister of Police and Others (3131/2017)

Wardle v Minister of Police and Others (3131/2017) [2019] ZAECPEHC 7 (8 March 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3131/2017

Judges

G J Gajjar, S M Mfenyana

The court found that the warrant of arrest issued under section 43 of the Criminal Procedure Act was valid, as there is no statutory requirement for a stamp. The applicant's attempts to link the section 43 warrant to the earlier J165 warrant were misplaced, as the latter had lapsed prior to her arrest. The bail proceedings were properly conducted, and the applicant failed to discharge the onus required for release on bail under section 60(11)(b) of the CPA. The applicant's reliance on section 72 of the CPA was unfounded, as that section pertains to enquiries into non-appearance, not bail. The…

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• Warrant Of Arrest
• Bail Application
• Procedural Fairness
• Section 43 Criminal Procedure Act
• Section 60 Bail
• Constitutional Right To Freedom

Mphaleni v Minister of Safety and Security (1495/2007)

Mphaleni v Minister of Safety and Security (1495/2007) [2013] ZAECMHC 28 (4 October 2013)

Court

Eastern Cape High Court, Mthatha

Case number

1495/2007

Judge

Dawood

The court found that the magistrate acted bona fide and in accordance with section 43 of the Criminal Procedure Act, relying on the information presented to her. There was no evidence of mala fides or improper conduct by the magistrate, and thus the claim against her was dismissed. However, Inspector Ngcikiza abused his power by obtaining and executing the warrant for an ulterior motive, without reasonable or probable cause, and in furtherance of a private agenda. The arrest and prosecution of the plaintiff were found to be wrongful and malicious, as there was no evidence or complaint from th…

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• Wrongful Arrest
• Malicious Prosecution
• Unlawful Detention
• Section 43 Criminal Procedure Act
• Abuse Of Power
• Quantum Of Damages