By Brig Dirk Lambrechts
Photo courtesy of Freepik
Question
A reader reminds Pollex about the series of cases discussing unlawful arrests that were published in Pollex some time ago. The reader notes that, if his memory serves him correctly, the Minister of Police “lost” all those cases. The reader now wants to know from Pollex whether he knows about any cases where the Minister of Police “won” an unlawful arrest case and how the circumstances differed.
Answer
Pollex is reminded of a case that concluded earlier this year in the North West Province which drew his attention for the same reason as the reader’s question, namely Mr Lebatle v Minister of Police, High Court Mahikeng, North West Province, dated 13 May 2026 (NWM).
Introduction
Mr Tshepo Kenneth Lebatle (hereinafter referred to as the “plaintiff”) is the plaintiff (Afrikaans: “eiser”) in this matter, which was heard before the High Court in Mahikeng, namely instituting civil action by the plaintiff against the Minister of Police, the defendant (Afrikaans: “verweerder”) by claiming damages (Afrikaans: “skadevergoeding”) arising from alleged unlawful arrest by Sgt Kgothatso Kenneth Sebogodi (hereinafter referred to as “Sebogodi”).
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[This is only an extract of an article published in Servamus: July 2026. This article is available for purchase.]