QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
(INJURY TO PERSONALITY)
Study the case on Syce and Another v Minister of Police (1119/2022) [2024] ZASCA
30 and answer the questions below. Your answer must be presented in an essay
format. It will be marked according to the rubric annexed with this question paper. You
must attach the rubric immediately after your answer, and not at the end of the exam.
a) Discuss the law that applies to unlawful detention in terms of section 59 of the
Criminal Procedure Act 51 of 1977, as amended. Provide relevant authority to
enlighten your discussion. (15 marks)
Answer
Introduction
The case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30,1
involves important legal principles about unlawful detention in South Africa. Unlawful
detention violates a person's right to personal freedom, a right protected by the South
African Constitution. This essay will discuss the law regarding unlawful detention
under Section 59 of the Criminal Procedure Act 51 of 1977 (CPA), as amended, and
explain how courts decide on damages for such violations.
Law Applicable to Unlawful Detention under Section 59 of the Criminal
Procedure Act 51 of 1977
1 Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
, Section 59 of the CPA,2 allows police officers to release a person on bail before they
appear in court for the first time. This is possible if the offense the person is accused
of is not very serious and if releasing the person is fair and just.
Relevant Legal Principles
Constitutional Right to Liberty:
The South African Constitution guarantees everyone's right to freedom and security.
This includes not being detained without a good reason (Section 12(1) of the
Constitution).3 Unlawful detention violates this fundamental right.
Legality of Detention:
Detention is only lawful if it strictly follows the rules in the CPA and respects the
person’s constitutional rights. Holding someone without good reason or for longer than
the law allows, without a court reviewing the detention, is unlawful.
Judicial Oversight:
The Constitution (Section 35(1)(d))4 requires that a person who has been arrested
must be brought before a court as soon as possible, but no later than 48 hours after
the arrest. This ensures that there is court oversight to prevent unlawful detention.
Authority for Detention:
Sections 50 and 59 of the CPA detail the legal grounds for detaining someone and for
granting bail. Police officers must exercise their authority reasonably and lawfully when
detaining someone.
2 Criminal Procedure Act 51 of 1977 Sec 59.
3 Constitution of South Africa, 1996.
4 Constitution of South Africa, 1996 (Section 35(1)(d)).
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