On 15 March 2015, in the Ncora administrative area in Cofimvaba district, Eastern Cape, Ncedile Duel Sambunjana (the complainant) was severely assaulted by a number of assailants, including the three appellants. The complainant sustained five lacerations to his head and a fractured wrist. He was first treated at a local clinic, then transported by ambulance to Cofimvaba Hospital where his head wounds were sutured. He was then transferred to East London hospital where his wrist was immobilised in a plaster of Paris cast. He was admitted to hospital until 19 March 2015. Upon discharge, he obtained a J88 medical report and proceeded to SAPS to lay a charge of assault with intent to do grievous bodily harm (assault GBH). On 20 March 2015, Warrant Officer Siphiwo Qunta was allocated the docket for investigation. He perused the docket contents, interviewed the complainant and observed his injuries, interviewed further witnesses, and then arrested the appellants without a warrant. The appellants were detained until 23 March 2015 when the prosecutor decided to release them pending the arrest of other identified assailants. The appellants sued the Minister of Police for damages for unlawful arrest and detention.