LPL4802
PORTFOLIO SEMESTER 1 2024
Unique Number:
DUE DATE: 30 May 2024
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Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
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be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
Question 1
The case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30 1 deals
with the nature and assessment of non-patrimonial loss, specifically in the context of
unlawful detention. In this essay, we will first discuss the law that applies to unlawful
detention in terms of section 59 of the Criminal Procedure Act 51 of 1977,2 as amended,
and provide relevant authority to enlighten our discussion. We will then explain the
principles that the court must follow to determine general damages in respect of
unlawful detention, as highlighted in this case.
1
Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
2
section 59 of the Criminal Procedure Act 51 of 1977.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
Question 1
The case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30 3 deals
with the nature and assessment of non-patrimonial loss, specifically in the context of
unlawful detention. In this essay, we will first discuss the law that applies to unlawful
detention in terms of section 59 of the Criminal Procedure Act 51 of 1977,4 as amended,
and provide relevant authority to enlighten our discussion. We will then explain the
principles that the court must follow to determine general damages in respect of
unlawful detention, as highlighted in this case.
Section 59 of the Criminal Procedure Act 51 of 1977, as amended, deals with the issue
of unlawful detention.5 This section stipulates that a person who is arrested without a
warrant and is not brought before a court within 48 hours of the arrest, or within 48
hours after the commencement of the first court day after the arrest, is entitled to be
released from detention unless the interests of justice require otherwise. 6 This provision
is aimed at protecting the rights of individuals who have been arrested without a
warrant, ensuring that they are not unlawfully detained without being brought before a
court to have the lawfulness of their detention determined.
In the case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30,7 the
court discussed the application of section 59 of the Criminal Procedure Act in relation to
the unlawful detention of the plaintiffs. The court held that the failure to bring the
detainees before a court within 48 hours rendered their detention unlawful, and as a
result, the plaintiffs were entitled to be released from detention.8
Furthermore, the court emphasized the importance of strict adherence to the provisions
of section 59 in order to safeguard the fundamental rights of individuals and prevent
3
Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
4
section 59 of the Criminal Procedure Act 51 of 1977.
5
section 59 of the Criminal Procedure Act 51 of 1977.
6
section 59 of the Criminal Procedure Act 51 of 1977.
7
Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
8
section 59 of the Criminal Procedure Act.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
