South Africa: Western Cape High Court, Cape Town Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Western Cape High Court, Cape Town >> 2011 >> [2011] ZAWCHC 117

| Noteup | LawCite

Coe v Minister of Safety and Security and Others (627/2011) [2011] ZAWCHC 117 (20 January 2011)

Download original files

PDF format

RTF format

IN THE HIGH COURT OF SOUTH AFRICA


(WESTERN CAPE HIGH COURT, CAPE TOWN)


CASE NO: 627/2011

DATE: 20 JANUARY 2011


In the matter between:

NIZAAM COE ….....................................................................................................Applicant

and

THE MINISTER OF SAFETY AND

SECURITY …................................................................................1st Repondent


THE NATIONAL COMMISSIONER OF

POLICE ….................................................................................2nd Respondent

THE PROVINCIAL COMMISSIONER OF

POLICE: WESTERN CAPE …........................................................3rd Respondent


THE STATION COMMANDER:

CLAREMONT POLICE STATION …................................................4th Respondent





JUDGMENT




DESAI, J:



This appears to be a business dispute which has resulted in accusations of criminal conduct and, ultimately, criminal charges. What causes considerable concern herein, is the apparent abuse of power by certain local police officers. That abuse, or at the best for them gross arrogance, has resulted in the respondents, in effect the tax payer, having to foot the costs of these proceedings.



Moreover, a judge had to be summoned on an urgent basis on a Friday, that is 14 January 2011, at eleven o'clock the night, that is 23:00, to deal with this matter on an urgent basis. Had it not been for the expertise and persistence of applicant's attorney, Mr Mushtak Parker, the consequences would have been considerably more severe for the applicant.



The applicant himself was arrested in unnecessarily embarrassing circumstances at a holiday resort. All of this based upon rather unbecoming police conduct.



It is not necessary to make this order final, because at this stage the charge has been joined onto other charges in another charge sheet. In effect this rule is no longer strictly necessary.



As a consequence of the enormous costs that were sustained by the applicant to get himself out on Friday in circumstances where he should not have been arrested in the first place and, the Court notes with disapproval, the apparent misconduct of the police officers concerned, it is directed that these proceedings in their entirety be typed and presented to the Commissioner or Acting Commissioner of the Police, Western Cape, for further investigation.



The rule in this matter is discharged and the respondents are ordered to pay the taxed or agreed costs of the applicant, the one paying, the others to be absolved.




DESAI, J