Arrest of 'speeding' attorney unlawful

THE arrest and incarceration of Eastern Cape attorney Hymie Zilwa for speeding has been found to be unlawful, as this was not a schedule 1 offence which warrants such drastic action.

- ZELDA VENTER [e-mail]

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

Zilwa, who claims he was unlawfully arrested and detained for seven hours by traffic officers, allegedly for speeding, 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. Zilwa claimed that his arrest by provincial traffic officers for allegedly exceeding the speed limit while driving near Laingsburg in the Karoo in 2019 was unlawful, as was his detention by the police from 5pm until 11pm before he was released.