Landman v Minister of Police (A 5011/17) [2018] ZAGPJHC 537 (4 September 2018)

Delict – Damages - due to unlawful arrest, detention, and
malicious prosecution. Criminal Procedure Act 51 of 1977 – s 40(1)(b) confers power on a peace officer without warrant to arrest a person reasonably suspected of having committed a schedule 1 offence, which includes kidnapping – s 50(1)(a) requires that such arrested person be brought, as soon as possible, to a police station, and there detained – and s 50(1)(b) that he or she, as soon as reasonably possible, be informed of his or her right to institute bail proceedings.
Whether police officers in casu had reasonable grounds to arrest the appellant - had reasonable grounds thereafter to detain him - and had maliciously set in motion a prosecution against him. Appeal dismissed.