CCT74/06

[2007] ZACC 15

2007 (10) BCLR 1102 (CC)

Sachs J

8 June 2007

http://hdl.handle.net/20.500.12144/2722

Application for leave to appeal against a judgment and order of the Port Elizabeth High Court: Van Niekerk v Minister of Safety and Security (SECLD) Case No 1212/05, 15 June 2006, unreported.

Appeal against a finding by the Pretoria High Court that the arrest of the respondent was unlawful. The Minister of Safety and Security sought leave to appeal on the grounds that it would be in the interests of justice for the Court to consider the circumstances when police can arrest offenders for drunken and disorderly behaviour. The court dismissed the application for leave to appeal holding that such circumstances should be determined on a case - by - case and there is sufficient guidance in the Police Standing Order (G) 341. Majority: Sachs J (unanimous).