Court rules arrest without warrant unlawful

THE Western Cape High Court has ruled that the arrest and incarceration of a motorist for speeding was unlawful, as this is not a Schedule 1 offence that warrants such drastic action.

- ZELDA VENTER

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 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, 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.