Stop unlawful arrest and detention: A fresh, new look by the SCA at unlawful arrest and detention
– Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA) Relevant legal provisions applicable to this judgmentSection 40(1)(b) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:“40 Arrest by peace officer without a warrant(1) A peace officer may [in Afrikaans text: ‘kan’] without warrant […]