IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

and
THE MINISTER OF SAFETY AND

THE NATIONAL COMMISSIONER OF

THE PROVINCIAL COMMISSIONER OF

THE STATION COMMANDER:

JUDGMENT

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.