Minister of Police v Sabisa and Another

The respondents, Mr Thandekile Sabisa and Mr Lawrence Mambila, were councillors of the OR Tambo District Municipality. On 18 April 2016 they were arrested by SAPS members at the municipal offices in Mthatha in connection with an attempted murder and murder case (the Tsolo case). They were taken in a convoy to Butterworth, where they were detained for several hours in a non-police facility, interrogated, and subjected to assault and torture. Later that night they were returned to Mthatha Central Police Station and detained in cells. On 19 April 2016 they were taken to a doctor and admitted to hospital, where they were shackled and guarded by police for nine days. They were not brought before a court within 48 hours of arrest, nor was any court order obtained authorising their continued detention in hospital. They were effectively released from custody on 26 April 2016. Charges against them were later withdrawn. They sued the Minister of Police for unlawful arrest, unlawful detention, and assault. The High Court found in their favour and awarded damages, and the Minister appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel where so employed. The High Court’s findings of unlawful arrest, unlawful detention, and assault, and the damages awarded to the respondents, were upheld.

The case reinforces strict compliance with the Criminal Procedure Act in the execution of arrests and post-arrest detention. It affirms that the mere existence of a warrant does not render an arrest lawful unless section 39(2) is complied with, and that detainees must be brought before court within 48 hours unless judicial authorisation for further detention is properly obtained. The judgment strengthens protections against arbitrary detention and abuse of police power in South African law.