20°C / 22°C
  • Fri
  • 29°C
  • 12°C
  • Sat
  • 29°C
  • 12°C
  • Sun
  • 29°C
  • 13°C
  • Mon
  • 26°C
  • 11°C
  • Tue
  • 27°C
  • 9°C
  • Wed
  • 22°C
  • 7°C
  • Fri
  • 19°C
  • 13°C
  • Sat
  • 17°C
  • 13°C
  • Sun
  • 17°C
  • 12°C
  • Mon
  • 23°C
  • 12°C
  • Tue
  • 24°C
  • 13°C
  • Wed
  • 28°C
  • 13°C
  • Fri
  • 31°C
  • 14°C
  • Sat
  • 31°C
  • 15°C
  • Sun
  • 31°C
  • 15°C
  • Mon
  • 27°C
  • 13°C
  • Tue
  • 28°C
  • 10°C
  • Wed
  • 24°C
  • 10°C
  • Fri
  • 32°C
  • 14°C
  • Sat
  • 31°C
  • 14°C
  • Sun
  • 31°C
  • 16°C
  • Mon
  • 28°C
  • 14°C
  • Tue
  • 29°C
  • 11°C
  • Wed
  • 23°C
  • 9°C
  • Fri
  • 27°C
  • 18°C
  • Sat
  • 24°C
  • 18°C
  • Sun
  • 23°C
  • 17°C
  • Mon
  • 19°C
  • 16°C
  • Tue
  • 20°C
  • 16°C
  • Wed
  • 20°C
  • 13°C
  • Fri
  • 22°C
  • 16°C
  • Sat
  • 20°C
  • 14°C
  • Sun
  • 16°C
  • 13°C
  • Mon
  • 17°C
  • 11°C
  • Tue
  • 18°C
  • 11°C
  • Wed
  • 21°C
  • 12°C
  • Fri
  • 21°C
  • 12°C
  • Sat
  • 17°C
  • 10°C
  • Sun
  • 19°C
  • 8°C
  • Mon
  • 25°C
  • 7°C
  • Tue
  • 25°C
  • 12°C
  • Wed
  • 32°C
  • 15°C
  • Fri
  • 19°C
  • 13°C
  • Sat
  • 16°C
  • 12°C
  • Sun
  • 16°C
  • 11°C
  • Mon
  • 22°C
  • 11°C
  • Tue
  • 22°C
  • 13°C
  • Wed
  • 26°C
  • 16°C
  • Fri
  • 32°C
  • 15°C
  • Sat
  • 32°C
  • 15°C
  • Sun
  • 32°C
  • 15°C
  • Mon
  • 29°C
  • 16°C
  • Tue
  • 29°C
  • 13°C
  • Wed
  • 27°C
  • 13°C
  • Fri
  • 31°C
  • 18°C
  • Sat
  • 31°C
  • 16°C
  • Sun
  • 30°C
  • 16°C
  • Mon
  • 29°C
  • 14°C
  • Tue
  • 29°C
  • 14°C
  • Wed
  • 25°C
  • 10°C
  • Fri
  • 31°C
  • 15°C
  • Sat
  • 33°C
  • 12°C
  • Sun
  • 32°C
  • 13°C
  • Mon
  • 21°C
  • 12°C
  • Tue
  • 24°C
  • 11°C
  • Wed
  • 19°C
  • 7°C
  • Fri
  • 24°C
  • 14°C
  • Sat
  • 19°C
  • 12°C
  • Sun
  • 15°C
  • 10°C
  • Mon
  • 17°C
  • 9°C
  • Tue
  • 18°C
  • 10°C
  • Wed
  • 23°C
  • 9°C

Police Ministry ordered to pay JHB man R300k for unlawful arrest

Bryan De Klerk’s compensation claim against the minister followed his 2012 arrest when his employer lodged a complaint of assault against him.

Police Minister Bheki Cele and National Police Commissioner General Khehla Sitole during a visit to Philippi East, Cape Town on 8 July 2019. Picture: @SAPoliceService/Twitter

JOHANNESBURG - The Constitutional Court has ordered the Police Ministry to pay a Johannesburg man who was unlawfully arrested R300,000.

Bryan De Klerk’s compensation claim against the minister followed his 2012 arrest when his employer lodged a complaint of assault against him.

With no warrant of arrest, police officials detained De Klerk in Johannesburg for a week in December 2012, depriving him of an opportunity to apply for bail.

The Constitutional Court ruled that the systematic failures that occurred not only rendered the Minister of Police liable but also the magistrate involved for dereliction of their constitutional duties.

De Klerk was not given an opportunity to apply for bail during his first appearance in court in Randburg as prescribed in law, while his case was routinely postponed without mention of bail.

The Police Minister has also been ordered to pay legal costs in the matter including those incurred at the Supreme Court of Appeal and the High Court.

However, in a differing minority decision, Chief Justice Mogoeng Mogoeng and Judge Johan Froneman argued that the police could not be held responsible for the court’s failure to carry out its critical constitutional obligations.

The Police Minister at the time of the incident was Nathi Mthethwa.

Comments

EWN welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

- Racism (including offensive comments based on ethnicity and nationality)
- Sexism
- Homophobia
- Religious intolerance
- Cyber bullying
- Hate speech
- Derogatory language
- Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the EWN community a safe and welcoming space for all.

EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

comments powered by Disqus