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Arrest, detention and the interdictum de homine libero exhibendo : regspraak

  • Journal Title: Tydskrif vir die Suid-Afrikaanse Reg
  • Volume: Volume
  • Issue:  Issue 3
  • Publication Date: 2011
  • Pages: 555  - 562
  • Authors:  Murdoch Watney;
  • ISSN: 02577747
  • Abstract:  In Prinsloo v Nasionale Vervolgingsgesag application was made to the high court in terms of the interdictum de homine libero exhibendo for the release of the applicant. The court had to consider whether the applicant's arrest by the police without a warrant and his subsequent detention were lawful. Section 40 of the Criminal Procedure Act 51 of 1977 (the act) provides the necessary authority to peace officers to arrest a person without a warrant, whilst section 50 regulates the procedure after arrest. Although arrest is an important tool available to especially the police in the execution of their duties, it impacts negatively on the right to freedom of the individual as protected in section 12 of the constitution.
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