A Gauteng woman was awarded R120 000 in damages for unlawful arrest.
Two officers on patrol inspected the carport and apparently said that it was damaged. They agreed that Diljan had committed an offence of malicious damage to property. When they arrived at CSC, she was arrested and detained. She said she was never advised of the reason for her arrest and detention. However, the SCA disagreed with the finding of both the lower courts. Acting Judge of the Appeal Court Mandela Makaula said what emerged from the record was that both officers who effected the arrest did not know they had discretion.
"Accordingly, that they did not exercise a discretion that they unquestionably enjoyed is beyond dispute. It must therefore follow axiomatically that both the arrest and subsequent detention of the appellant were unlawful. Indeed, counsel for the respondent was ultimately constrained to concede as much."Makaula said:
J_chabalala Commit the crime then bitch about the legality of arrest. Santa Claus for criminals whilst honest people starve.
J_chabalala Whoever still believes in crime don't pay. Jails are not holiday resorts.
J_chabalala Many people were wrongfully arrested and were awarded nothing in return Is this the right time to go and claim theirs too, because now they have an example
J_chabalala What about loss of earning potential over those 7 years? Even at minimum wage, she would be entitled to R300,000+
J_chabalala Disgrace. If this person was privileged it would have been 120 Bar 🤬
J_chabalala Not if she was black 🥺
J_chabalala Another gross example of very stupid police. They are so badly trained and total incompetent people in charge. They more interested in helping thieves, receiving bribes, and have no interest in trying to do their job properly
J_chabalala It should be in MILLIONS not thousands.UNLAWFUL ARREST hinders a person from providing for their families and loved ones.If she was a business person,HOW MUCH WOULD SHE HAVE MADE FOR THE PAST SEVEN YRS, IN WHICH LEVEL THE BUSINESSES WOULD HAVE BEEN ELEVATED TO. Ndi Mutavhatsindi
J_chabalala This happened 7 years ago and they give her just R120k? Is it even enough for legal fees ? Even if costs were made against cops, 120k after inflation is peanuts
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