The Minister of Police v Olwethu Kulati

The respondent, Olwethu Kulati, was arrested without a warrant on 14 April 2017 by a SAPS officer after being seen leaving a known drug house and discarding a matchbox containing a mandrax tablet. The arrest was effected under section 40(1)(h) of the Criminal Procedure Act 51 of 1977 (CPA). He was detained over the Easter weekend and released on 18 April 2017 without appearing in court. In the court a quo, the arrest was found lawful, but the continued detention from 08h00 on 15 April to 18 April 2017 was held unlawful on the basis that SAPS failed to facilitate his release on bail in terms of section 59A of the CPA, despite no request for bail having been made by the respondent. The Minister of Police appealed against this finding.

The appeal was upheld with costs, including the costs of two counsel. The judgment and order of the court a quo were set aside and replaced with an order dismissing the plaintiff’s claim with costs.

This judgment clarifies the scope of SAPS obligations under section 59A of the CPA, confirming that police are not under a general duty to initiate or facilitate prosecutorial bail in the absence of a request by a detainee. It reinforces a restrained approach to imposing duties on police officials beyond those expressly provided for in statute, and aligns High Court authority with Supreme Court of Appeal precedent on bail and detention.