ConCourt to hear disputed arrest case

2013-05-20 22:00

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Constitutional Court will hear argument on Tuesday on the arrest of a motorist who did not stop at a roadblock because he feared the officers were impostors.

The issue before the court is whether the Supreme Court of Appeal (SCA) was correct in overturning a judgment of the North Gauteng High Court in Pretoria, which found the motorist, Jack Coetzee, was arrested and detained unlawfully.

In November 2009, Coetzee was driving with his family when he came across a roadblock where the Tshwane metro police attempted to stop him.

Coetzee, fearing that the officers were impostors, refused to pull over and indicated that he would stop at the nearest police station.

The metro police then forced his vehicle off the road. He was arrested and detained.

After unsuccessful attempts to speak with the relevant official to secure his release, Coetzee brought an urgent application in the North Gauteng High Court on the basis that he had been arrested unlawfully.

The North Gauteng High Court ordered Coetzee's immediate release, and made a provisional order that it be provided with reasons why the relevant investigating officer and station commander should not be held personally liable for the costs of the application.

In a written judgment, the North Gauteng High Court found that Coetzee had been arrested and detained unlawfully.

It ordered several officers from the SA Police Service and one metro police officer to pay Coetzee's and the respondents' costs.

The respondents successfully appealed to the SCA.

At the Constitutional Court, Coetzee will argue that any peace officer exercising the power of arrest under Section 40 of the Criminal Procedure Act is required to exercise discretion within the bounds of rationality and reasonableness.

Read more on:    police

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.