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dc.date.accessioned 2017-04-08T17:00:48Z
dc.date.available 2017-04-08T17:00:48Z
dc.date.created 2003-11-25 en
dc.identifier.citation [2002] ZACC 6
dc.identifier.citation 2002 (4) SA 613 (CC)
dc.identifier.citation 2002 (7) BCLR 663 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2129
dc.title S v Walters and Another, In re: Ex parte Minister of Safety and Security and Others en
dc.title.alternative CCT28/01 en
dc.identifier.casenumber CCT28/01 en
dc.date.hearing 15 November 2001
dc.contributor.judge Kriegler J
dc.date.judgment 21 May 2002
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2129/Full%20judgment%20%28463%20Kb%29-25424.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Constitutionality of s 49(2) of the Criminal Procedure Act, the use of force to carry out an arrest. On behalf of a unanimous Court Kriegler J held that s 49(1) should be interpreted as generally excluding the use of firearm unless the suspect (a) poses an immediate threat of serious bodily harm to the arrester or to someone else; (b) is reasonably suspected of having committed a serious crime involving or threatening such harm. Read this way the section is constitutionally justifiable and the order of the High Court declaring it partially invalid not confirmed. The Court held further that s 49(2) authorises the use of lethal force for arrests in circumstances that are so wide as to be constitutionally unjustifiable. The subsection struck down in its entirety. The Court also held that the trial judge does not have power to differ from the Supreme Court of Appeal on a question of constitutional interpretation and he should deal with the constitutional issue only when it is necessary for his verdict.
dc.concourt.casehistory Proceedings to confirm an order of constitutional invalidity made by the Transkei High Court: S v Walters and Another 2001 (2) SACR 471 (Tk) ; 2001 (10) BCLR 1088 (Tk).


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