The Supreme Court of Appeal (Ponnan, Bosielo and Petse JJA) dismissed the appeal on 30 November 2012. The court held that the unlawfulness of detention did not…
Followed for the principle that interference with physical liberty is prima facie unlawful and the person causing the interference bears the burden of…
Cited for the principle that where a magistrate does not apply their mind to the question of bail and simply mechanistically remands an accused, the police can…
Considered in the judgment's discussion of contradictory case law on whether the lawfulness of subsequent detention determines police liability for post-court…