Forster v Minister of Safety and Security (10/43463)
Forster v Minister of Safety and Security (10/43463) [2012] ZAGPJHC 156 (30 August 2012)
The court found that the plaintiff's arrest and detention were unlawful, as there was no reasonable or legal basis for his arrest. The police failed to investigate properly and did not obtain sworn statements implicating the plaintiff before arresting him. The plaintiff was not a flight risk and should not have been detained for several days before appearing in court. The court accepted the plaintiff's evidence of torture and humiliation, including suffocation and urination in the presence of a female officer, which was corroborated by medical evidence of bruising. The defendant's witnesses c…
Source excerpt
- Unlawful Arrest
- Unlawful Detention
- Torture By State Agents
- Constitutional Rights Of Detainees
- Quantum Of Damages