Minister of Police Bheki Cele is seeking leave to appeal a court ruling that awarded Patrick Mvelo R200,000 for an unlawful arrest. Mvelo was arrested without a warrant in Kimberley and held for a week on a charge of theft. He argued that the arrest was unlawful and a violation of his rights.
Mvelo’s legal team contends that Cele’s appeal should be dismissed due to the late filing of the discovery affidavit. They also argue that the arresting officer had no reasonable suspicion to apprehend Mvelo.
The court upheld the minister’s leave to appeal, citing the Criminal Procedure Act’s provision for warrantless arrests. However, it emphasized that arrests must be based on reasonable suspicion and specific facts.
This case highlights the importance of upholding individuals’ rights during law enforcement activities. It serves as a reminder that arrests must be justified and based on objective evidence to prevent unlawful detentions.
