Court rules speeding arrest without warrant unlawful

ATTORNEY DETAINED

- ZELDA VENTER

IN A RECENT judgment issued by the Western Cape High Court, it was held that the arrest and detention of a motorist for speeding was unlawful, as this is not a schedule 1 offence which warrants such drastic action.

Although the offender in this case drove 188km/h in a 120km/h zone, arresting a motorist for speeiling without a warrant is not only unlawful, but unconstitutional, the court said. It further held that exceeding the speed limit does not justify deprivation of liberty under the Criminal Procedure Act.

Eastern Cape attorney Hymie Zilwa, claimed he was unlawfully arrested and detained for seven hours by traffic officers, allegedly for speeding, and turned to court to sue the Transport and Public Works MEC and the police minister.

He also claimed damages for malicious prosecution, although his criminal case was later dismissed.