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

Malaza v Minister of Police and Others (1718 / 2018;1925 / 2018)

Malaza v Minister of Police and Others (1718 / 2018;1925 / 2018) [2023] ZAMPMBHC 57 (1 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

1718 / 2018;1925 / 2018

Judge

Ratshibvumo

The High Court dismissed two claims for unlawful arrest and malicious prosecution arising from taxi-industry vigilante killings and arrests based on a witness statement.

• Unlawful Arrest
• Malicious Prosecution
• Warrant Of Arrest
• Reasonable Suspicion
• Detention
• Damages Claim

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

Minister of Police v Sabisa and Another - Application for Leave to Appeal (2889/2016)

Minister of Police v Sabisa and Another - Application for Leave to Appeal (2889/2016) [2023] ZAECMHC 38 (11 July 2023)

Court

Eastern Cape High Court, Mthatha

Case number

2889/2016

Judge

ZM Nhlangulela

The High Court granted the Minister of Police leave to appeal against findings that police unlawfully arrested and detained the respondents under defective warrant procedures.

• Unlawful Arrest
• Unlawful Detention
• Constitutional Rights
• Warrant Of Arrest
• Police Discretion
• Unlawful-arrest

Maphosa v Minister of Police (10505/18)

Maphosa v Minister of Police (10505/18) [2022] ZAGPJHC 486 (26 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

10505/18

Judge

Mahalelo

The High Court held that Maphosa’s arrest and detention were unlawful, finding the warrant was improperly obtained and the police failed to exercise arrest discretion properly.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Warrant Of Arrest
• Police Liability
• Unlawful-arrest

Abduradughman v S (A332/13)

Abduradughman v S (A332/13) [2022] ZAWCHC 138 (19 July 2022)

Court

Western Cape High Court, Cape Town

Case number

A332/13

Judge

Thulare

The High Court extended the applicant’s bail pending her petition for special leave to appeal, finding the delay in prosecuting the appeal was not shown to be deliberate.

• Bail Extension
• Special Leave To Appeal
• Unreasonable Delay
• Warrant Of Arrest
• Administration Of Justice
• Bail-extension

Mavudzi v Director Public Prosecutions Gauteng Local Division and Others (2020/42295)

Mavudzi v Director Public Prosecutions Gauteng Local Division and Others (2020/42295) [2021] ZAGPJHC 418 (23 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/42295

Judge

B M Gilbert

The court found that the issue of the lawfulness of the warrant of arrest had already been adjudicated by Du Plessis AJ, who considered the same facts and arguments and ruled that the warrant was lawfully issued. The applicant's reliance on alleged misrepresentations by the state prosecutor and new evidence did not constitute a new cause of action or issue, but rather additional grounds for the same relief. The proper avenue for introducing new evidence was through an application to the appeal court, not by launching fresh proceedings in the High Court. The court held that the requirements fo…

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• Warrant Of Arrest
• Res Judicata
• Motion Proceedings
• Unlawful Arrest
• Misrepresentation By State Prosecutor

Kouwenhoven v Minister of Police and Others (888/2020)

Kouwenhoven v Minister of Police and Others (888/2020) [2021] ZASCA 119 (22 September 2021)

Court

Supreme Court of Appeal

Case number

888/2020

Judges

Ponnan, Wallis, Schippers, Hughes, Kgoele

The Supreme Court of Appeal held that none of the grounds advanced by the appellant for invalidating his arrest or the warrant had merit. No binding undertaking was given by officials, and even if such an undertaking existed, it could not invalidate a judicial act such as the issue of a warrant. The affidavit supporting the warrant was properly attested in accordance with the regulations, and the commissioner of oaths had no disqualifying interest. The magistrate applied her mind to the application and issued the warrant lawfully; there was no evidence of rubber-stamping. Failure to notify th…

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• Extradition Act
• Commissioning Of Affidavits
• Judicial Review
• International Extradition
• Warrant Of Arrest
• Ministerial Notification

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

Mandla v Minister of Police and Another (3195/2019)

Mandla v Minister of Police and Another (3195/2019) [2019] ZAECGHC 116 (21 November 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

3195/2019

Judge

NG Beshe

The court found that the applicant failed to establish the invalidity of the warrant of arrest. The application for the warrant was properly signed by the public prosecutor, which is permissible when the investigating officer is not a commissioned officer. The applicant's re-arrest was justified given his parole status and pending cases, which elevated the matter to a Schedule 5 category under section 60(11) of the Criminal Procedure Act. The procedural objections raised by the respondents, including failure to join the Magistrate and lack of a record from the Magistrates' Court, further unde…

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• Unlawful Arrest
• Warrant Of Arrest
• Detention
• Magistrates Court Review
• Schedule 1 Offence