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Erasmus v MEC for Transport - Eastern Cape Province (210/08) [2011] ZAECMHC 3

21st April 2011


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  • Erasmus v MEC for Transport - Eastern Cape Province (210/08) [2011] ZAECMHC 3
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This is an action for damages for wrongful arrest and detention. It is common cause that on 29 August 2007, at about 07h30, the plaintiff was arrested, without a warrant, at a roadblock at Ngqeleni, by Traffic Officer Fillis, acting in the course and scope of his employment with the defendant. The offence for which the plaintiff was arrested was driving a motor vehicle without a driving licence, alternatively failing to carry her driving licence in the vehicle which she was driving. After the arrest, the plaintiff was taken in a South African Police Services (SAPS) vehicle to Ngqeleni police station, from where she was released at about 13h00 the same day, after an admission of guilt fine for the alternative offence had been paid. The defendant denied that the arrest was unlawful and denied in particular that the plaintiff had been detained at the police station, alleging that she had not been put in a cell, but in a “waiting room”.



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