Dlova v Minister of Police and Another

The plaintiff, a 17-year-old carwash employee, was arrested without a warrant on 28 February 2022 by SAPS members for possession of a stolen motor vehicle. He was detained until his first court appearance on 2 March 2022 and thereafter remained in custody until 17 March 2022 when bail was granted. He was charged with robbery with aggravating circumstances and possession of a stolen vehicle, despite the complainant being unable to identify the perpetrators. The plaintiff alleged unlawful arrest, wrongful continued detention, and malicious prosecution, contending that the police and prosecutors failed to investigate exculpatory explanations, opposed bail without sufficient basis, and prosecuted him without reasonable and probable cause. The robbery charge was later withdrawn.

Judgment granted in favour of the plaintiff on claims one and two. The Minister of Police was ordered to pay R100,000 for unlawful arrest and initial detention. The Minister of Police and the National Director of Public Prosecutions were ordered jointly and severally to pay R350,000 for further unlawful detention. Claim three (malicious prosecution) was dismissed with costs. Interest and costs on scale B were awarded as set out in the order.

The case reinforces constitutional protections against arbitrary arrest and detention, clarifies the duties of police to investigate exculpatory explanations before arrest, and confirms that post-appearance detention can attract delictual liability despite judicial remand orders where harm is reasonably foreseeable. It further emphasises prosecutorial duties to act objectively, disclose weak or absent evidence, and not oppose bail mechanically in serious offences.