Minister of Police v Gqamane

The respondent, Vuyani Goodman Gqamane, was arrested without a warrant on 17 February 2017 following a complaint by his romantic partner alleging assault with intent to commit grievous bodily harm, classified as domestic violence. The complainant reported that the respondent assaulted her earlier in February 2017, causing a broken arm and requiring hospitalisation. The arresting officer relied on sections 40(1)(b) and 40(1)(q) of the Criminal Procedure Act 51 of 1977. Gqamane was detained over a weekend and released without a court appearance. He instituted a damages claim for unlawful arrest and detention, alleging absence of reasonable suspicion and arbitrary detention. The trial court dismissed the claim, finding the arrest lawful. On appeal, the High Court overturned the decision, holding that the arresting officer failed to properly exercise his discretion to arrest. The Minister of Police appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court order was set aside and replaced with an order dismissing the respondent’s appeal with costs, thereby restoring the trial court’s dismissal of the unlawful arrest and detention claim.

The case clarifies the distinction between jurisdictional requirements for a lawful warrantless arrest and the subsequent exercise of discretion to arrest. It reaffirms the principles in Minister of Safety and Security v Sekhoto regarding onus and pleading requirements, and limits appellate courts from deciding unpleaded issues mero motu. It is significant for unlawful arrest litigation, particularly in domestic violence contexts.