LPL4802 October November PORTFOLIO (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED
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Law of Damages - LPL4802 (LPL4802)
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LPL4802
PORTFOLIO MAY JUNE 2024
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Due Date: 30 May 2024
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
a.
Unlawful detention in terms of section 59 of the Criminal Procedure Act 51 of 1977,
as amended, refers to the illegal and wrongful deprivation of a person's liberty by
law enforcement authorities without just cause. Section 59 of the Act pertains to the
release of a detainee on bail before their first appearance in court.1
Section 59(1)(a) of the Criminal Procedure Act allows for the release on bail of an
accused who is in custody for certain offenses, including driving under the influence
of alcohol, by any police official of or above the rank of non-commissioned officer,
in consultation with the police official charged with the investigation. This provision
gives the police the authority to consider and grant bail to a detained person before
their initial court appearance.
Unlawful detention can occur if the police fail to adhere to the requirements of
section 59, such as failing to inform the detainee of their right to apply for bail or
unreasonably delaying the process of considering the detainee's release on bail.
Additionally, if a detainee is not brought before a lower court as soon as reasonably
possible, but within 48 hours after the arrest, their continued detention may be
unlawful according to section 59(1)(c) of the Act.
In the case of Syce and Another v Minister of Police2, the issue of unlawful detention
arose in relation to the arrest and subsequent detention of Mr Syce. The court found
that the Minister failed to justify Mr Syce's continued detention after his return to
the police station, as there was no evidence to explain the circumstances leading
to Mr Syce's release in terms of section 59 of the CPA3. Additionally, there was no
evidence presented to challenge Mr Syce's assertion that he was not informed of
his right to apply for bail in accordance with section 50(1)(b) of the CPA. This lack
of justification rendered Mr Syce's continued detention unlawful.
1
Section 59 of the Criminal Procedure Act 51 of 1977.
2
Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
3
Criminal Procedure Act 51 of 1977
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