The three appellants were arrested without a warrant on 20 March 2015 by a SAPS warrant officer on charges of assault with intent to do grievous bodily harm, following an alleged group assault on the complainant in the Eastern Cape. The complainant sustained five lacerations to his scalp and a fractured wrist, was hospitalised for several days, and later laid a charge supported by a J88 medical report. The appellants were detained until 23 March 2015, when they were released by a prosecutor. They instituted a civil claim for damages against the Minister of Police, alleging that their warrantless arrest and detention were unlawful. The Minister relied on s 40(1)(b) of the Criminal Procedure Act 51 of 1977, contending that the arresting officer reasonably suspected that the appellants had committed a Schedule 1 offence, namely assault in which a dangerous wound was inflicted.