Police must pay R300,000 for man's unlawful arrest and week in detention

schumi

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Mar 26, 2010
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The minister of police must pay R300,000 to a man wrongfully arrested and who spent a week in detention before being released in 2012.


The majority judgment was handed down by the constitutional court on Thursday.


Bryan James de Klerk was unlawfully detained by police for two hours before appearing in court, and a magistrate ordered that he be remanded in custody. De Klerk was released seven days later when charges against him were dropped.


De Klerk sought to hold the police liable for his detention, before and after his court appearance.


The question before the Constitutional Court was whether De Klerk could sue only the police and not the minister of justice and constitutional development for his unlawful detention.


Four judgments were written by the court.


Justice Leona Theron, in the majority judgment, said De Klerk could.


But chief justice Mogoeng Mogoeng and justice Johan Froneman, in separate judgments, said he could not.


Justice Edwin Cameron agreed with Theron’s judgment.


The case has its genesis in a fight De Klerk had with his employer at the time, Rael Lasarow, on December 12 2012.

In his complaint to the police, Lasarow alleged that De Klerk had pushed him into a glass picture frame hanging on a wall. The glass broke and injured Lasarow.
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LCBXX

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Apr 11, 2006
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Police must pay must use R300,000 of taxpayer money for man's unlawful arrest and week in detention

Fixed.
This is but one of hundreds of claims against the SAPO SAPS that made the news. Apparently it's the most popular claim next to the RAF.
 
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Milano

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Feb 7, 2004
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The R6 billion decrease in the police budget should help settle all the claims resulting from undertrained, poorly managed police as well as their very often corrupt acts.
 

Hemi300c

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Dec 15, 2009
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"Justice Leona Theron, in the majority judgment, said De Klerk could.

But chief justice Mogoeng Mogoeng and justice Johan Froneman, in separate judgments, said he could not.

Justice Edwin Cameron agreed with Theron’s judgment."

No body ever tell me the courts are of the highest standards and ethics.

Good I'm glad but the people responsible should personally be held accountable and not the tax payer.
 

konfab

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Jun 23, 2008
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20,742
"Justice Leona Theron, in the majority judgment, said De Klerk could.

But chief justice Mogoeng Mogoeng and justice Johan Froneman, in separate judgments, said he could not.

Justice Edwin Cameron agreed with Theron’s judgment."

No body ever tell me the courts are of the highest standards and ethics.

Good I'm glad but the people responsible should personally be held accountable and not the tax payer.
I don't think they are held personally responsible. It is their office that has to pay,
 

Lucas Buck

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Jun 20, 2005
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3,767
The person or persons responsible for the unlawful arrest should also be responsible for a portion of the amount paid to the victim. That will encourage them to make better decisions knowing that the money is coming out of their pockets.
 
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