Inga Mkoko v Minister of Police

The plaintiff sued the Minister of Police for damages based on alleged unlawful assault, arrest and detention by SAPS members on 4 April 2020 during the Covid-19 hard lockdown. He was arrested without a warrant at a car wash in Ngcobo and detained overnight at Dalasile Police Station until the morning of 5 April 2020. The plaintiff alleged that he had committed no offence, that the arresting officer had no reasonable suspicion under the Criminal Procedure Act 51 of 1977, and that he was assaulted during arrest and detention. The defendant admitted the warrantless arrest but contended that it was lawful under section 40(1)(a) of the CPA because the plaintiff contravened Covid-19 Regulations, interfered with police duties, and was intoxicated. The defendant denied any assault. The matter proceeded on the merits only, with quantum postponed.

The plaintiff’s claims for unlawful arrest, unlawful detention, and assault were dismissed with costs.

The case reaffirms the application of section 40(1)(a) of the Criminal Procedure Act in the context of Covid-19 lockdown regulations and clarifies the evidentiary burdens in civil claims against the police. It illustrates how courts assess credibility and probabilities in cases involving mutually destructive versions, particularly in claims of unlawful arrest and police assault.