Solomon and Others v Minister of Police

Late on the night of 15 November 2017 the appellants were found by SAPS members at a workshop run from the sixth appellant’s home in Gelvandale, Gqeberha, actively stripping parts from a blue VW Golf that had been hijacked earlier that evening. The vehicle was positively identified as stolen, its number plates had been removed and substituted, and parts were found loaded into a bakkie. A pistol‑like object with ammunition was also discovered in an adjacent vehicle. None of the appellants gave a satisfactory explanation for their association with the stolen vehicle. They were arrested without a warrant and detained for twelve days. They first appeared in the Magistrate’s Court on 20 November 2017, bail was granted on 27 November 2017, and the charges were later withdrawn. The appellants sued the Minister of Police for damages for unlawful arrest and detention. The Regional Court dismissed the claim, and the appellants appealed to the High Court.

The appeal was dismissed with costs, including counsel’s fees on Scale B.

The case reaffirms the principles governing lawful arrest without a warrant under section 40 of the CPA, particularly in cases involving possession of recently stolen property. It confirms that reasonable suspicion is assessed objectively on the facts known to the arresting officer at the time, and that later developments (such as a weapon turning out not to be a firearm) do not retrospectively invalidate an arrest. The judgment also clarifies the limits of police liability for post‑appearance detention and reinforces the application of section 50 of the CPA and constitutional safeguards.