The Gauteng High Court in Pretoria has dismissed the appeal in the unlawful detention case of Mathew M Molosi against the Minister of Police and the Gauteng MEC for Education.
The case pivots on the events of 3 November 2014, when Molosi was arrested without a warrant on charges of allegedly raping a disabled learner. He remained in detention at the Soshanguve Police Station until his release on 5 November of the same year, having never appeared in court due to the absence of his case on the court roll. The evidence of the arresting police officer, which was never challenged, was that the docket was delivered to the Soshanguve Magistrate’s Court. No explanation was provided as to why the matter was not on the court roll on 5 November 2014.
Presenting the appeal, Molosi's legal representative conceded that the initial arrest was lawful but argued vehemently that the subsequent release without a court appearance rendered the detention unlawful. The crux of the appeal rested on whether the police acted appropriately in releasing Molosi after 48 hours of his arrest and if the absence of a court appearance justified that release.
Central to the court's findings were the provisions outlined in sections 50(1)(a) and (c) of the Criminal Procedure Act, which mandate that any arrested individual must be brought before a court as swiftly as possible, and no later than 48 hours following arrest. In keeping with this, the court held that once the 48-hour window had expired without a charge or court appearance, the obligation to release the detainee shifted back to the police.
The court's opinion, penned by Acting Judge M Mokoena, underscored that the authority to detain arose from the initial arrest, but as time elapsed without a judicial order extending incarceration, the police were under an obligation to act. The judgment found no limitation in the legislation that would restrict the police's right to release individuals who are not formally charged after the stipulated timeframe. Ultimately, the appeal was dismissed.
#Conviction
