Minister of Safety and Security v Tyulu

Mr Tyulu, a senior magistrate, was arrested without a warrant in the early hours of 12 October 2003. Police officers initially arrested him at a filling station for allegedly being drunk in public and then took him to the scene of a motor vehicle collision, where a civilian identified him as the driver who had fled the scene. He was thereafter detained and charged with driving under the influence of alcohol. Medical evidence showed he was only moderately under the influence of alcohol. The Director of Public Prosecutions declined to prosecute. Tyulu sued the Minister for unlawful arrest and detention, claiming damages.

Appeal succeeded only on the issue of quantum. The damages award was reduced to R15 000. The Minister was ordered to pay the costs of appeal, including the costs of two counsel.

The case is a leading authority on unlawful arrest and detention, clarifying the distinction between being 'drunk' and merely 'under the influence' for purposes of warrantless arrest. It reinforces the strict onus on the police to justify arrests under section 40 of the Criminal Procedure Act and provides guidance on the assessment of damages for unlawful deprivation of liberty.