Ngobeni v Minister of Police
Ngobeni v Minister of Police [2021] ZAGPPHC 439 (2 July 2021)
The court found that the arresting officer, Warrant Officer Ramoshaba, failed to establish the necessary jurisdictional facts for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The alleged offence was not listed in Schedule 1, and the officer relied solely on the complainant's statement without further investigation or corroboration. The plaintiff lived near the police station, making arrest and detention unnecessary. The court held that the suspicion did not rest on reasonable grounds and that the majority of jurisdictional facts were absent. Therefore, the arrest and…
Source excerpt
- Unlawful Arrest
- Warrantless Detention
- Jurisdictional Facts
- Schedule 1 Offences
- Damages For Wrongful Arrest