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Arrests without warrant: the SCA brings clarity - Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA): case

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dc.contributor.author Du Toit, Pieter Gerhardus
dc.date.accessioned 2012-11-15T13:04:00Z
dc.date.available 2012-11-15T13:04:00Z
dc.date.issued 2011
dc.identifier.citation Du Toit, P.G. 2011. Arrests without warrant: the SCA brings clarity - Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA): case. Obiter, 32(2):473-479. [http://law.nmmu.ac.za/Obiter-Law-Journal] en_US
dc.identifier.issn 1682-5853
dc.identifier.uri http://hdl.handle.net/10394/7768
dc.description.abstract Section 40(1) of the Criminal Procedure Act 51 of 1977 provides for a number of different instances where a peace officer may effect an arrest without an arrest warrant. A perusal of the reported case law pertaining to the lawfulness of arrests without warrant reveals that section 40(1)(b) of the Act, in particular, has received much attention from the courts. In terms of this subsection a peace officer may arrest without warrant any person whom he reasonably suspects of having committed an offence referred to in Schedule 1, other than the offence of escaping from lawful custody. It is settled law that any deprivation of freedom is regarded as prima facie unlawful. The arrestor therefore bears the onus of proving that the arrest was justified (Minister of Law and Order v Hurley 1986 3 SA 568 (A) 589E-F; and Ralekwa v Minister of Safety and Security 2004 1 SACR 131 (T) par [9]). The following jurisdictional facts must be present for a peace officer to rely on the defence created by section 40(1)(b) of the Criminal Procedure Act in cases, where it is alleged that the arrest was unlawful: (i) the arrestor must be a peace officer; (ii) the arrestor must entertain a suspicion; (iii) the suspicion must be that the suspect committed an offence in Schedule 1; and (iv) the suspicion must rest on reasonable grounds (Duncan v Minister of Law and Order 1986 2 SA 805 818G-H). For a discussion of the different types of jurisdictional facts provided for in section 40(1) see Watney ("'n Klemverskuiwing by Inhegtenisneming Sonder Lasbrief" 2009 TSAR 734-735). en_US
dc.language.iso en en_US
dc.publisher NMMU en_US
dc.title Arrests without warrant: the SCA brings clarity - Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA): case en_US
dc.type Article en_US


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