– Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA)
Relevant legal provisions applicable to this judgment
Section 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 arrest any person –
(b) whom he or she reasonably suspects of having committed an offence referred to in Schedule 1 [of this CPA], other than the offence of escaping from lawful custody;
(c) to (q) …”
Schedule 1 of the CPA
Note that one of the offences listed in this Schedule 1 is “common law malicious injury to property”.
(Emphasis added and words in square brackets inserted by Pollex.)
Introduction
This matter is an appeal against a decision of the High Court in Pretoria. The appellant in this matter is Ms Avril Edith Diljan (hereinafter referred to as Ms Diljan). She instituted a civil action against the Minister of Police in the magistrates’ court, Pretoria, pertaining to a claim of unlawful arrest and detention, which claim was dismissed with costs by the presiding magistrate.
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[This is only an extract of an article that is published in Servamus: June 2023. This article is available for purchase.]