Man disappears: Farmer held

But they may only hold in custody for a certain period of time before they have to let them go.
 
But they may only hold in custody for a certain period of time before they have to let them go.

True, if he was not charged. But he has been charged and is awaiting his appearance in court.
 
'On reasonable grounds' rests entirely on evidence that a crime has in fact been committed. No such evidence here, so no arrest was warranted.

Well just from reading the article, I think there is enough to suspect that the arrested person had something to do with the mans' disappearance and clearly so did the police. Now that he is in custody, he will be interogated during the further investigation. Within 48hrs he must be charged or appear in court, at which time he will either be set free, given bail or remanded in custody. It's the law.

Actually you are wrong here - you have to be at the very least 'breathalyzed' - and a subsequent blood test must be done. They can't arrest you on suspicion of being drunk.


Bet me money and I'll send you my bank details!

Reasonable reason to suspect covers a lot of ground!

Edit: Check out http://web.capetown.gov.za/eDocuments/Act_-_Criminal_Procedures_-_51_of_1977_65200514522_245..pdf

40. Arrest by peace officer without warrant
 
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'On reasonable grounds' rests entirely on evidence that a crime has in fact been committed. No such evidence here, so no arrest was warranted.

The man has disappeared (crime- abduction). The last man to see him tied him up to a tree(suspect).
 
Differentiate between arrest and charge.
The coppers can arrest anyone they want to if they have reason to suspect a crime has been committed by them or they were party to it.

There is a maximum time limit that one can hold a suspect though before charging them or having to release them. You cannot detain people indefinately anymore.

Dronk bestuur, trust me, they arrest you, finish and klaar,
They can do this on the basis of a simple roadside sobriety test, breathalyser, or even by the smell of your breath. Doesnt matter which or what, if they suspect that you are driving under the influence you better just go with the flow.
At roadblocks they are geared to test.Probably most traffic cops are, but an SAP guy on the other hand at the scene of an accident might not have a breathalyser and would have to make a judgment call I gather.

The cops are most certainly allowed to arrest this farmer guy.
They would need to charge him though to hold him in custody pending a bail hearing though I think.
If they are wrong and this chap turns up in a shebeen somewhere, he turns up at his girlfriends place or they cant find a body as such, they will have to say sorry, it is that simple. If not then maybe they caught a murderer.

Seems strange that the farmer found it necessary to tie the oke to a tree then go and fetch his bakkie, hmmm.
 
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