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Thread: Drunks must also be disorderly to be arrested

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    Silver Member Eugene's Avatar
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    Drunks must also be disorderly to be arrested

    The Constitutional Court has upheld a ruling by the Port Elizabeth High Court that it was unconstitutional to arrest someone for merely being drunk in public. The ground-breaking ruling, says the Daily Dispatch, could have serious implications for police.

    It follows an application before the Constitutional Court on May 3 this year by Safety and Security Minister Charles Nqakula. The Minister wanted leave to appeal against a ruling by acting Judge Keith Matthee of Grahamstown who, on June 15 last year, ordered that arresting someone for only being drunk unjustifiably took away their freedom, which was a cornerstone of the Constitution. Matthee said police could arrest someone only if they were both drunk and disorderly.

    Even if police believed the behaviour to be disorderly, they had to prove it. Matthee ruled in a civil matter in which tradesman Antus van Niekerk of Port Elizabeth sued Nqakula for R100 000 for unlawful arrest, unlawful detention, assault, medical expenses and future medical expenses after a police raid in a parking area in front of a nightclub on October 9, 2004.

    http://www.dispatch.co.za/2007/08/15/SouthAfrica/adrunk.html

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    Silver Member Eugene's Avatar
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    Just knew that Riaan would pick up on that loophole.... LOL

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    Email problem RKS Computer Solutions's Avatar
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    I reckon the worse I've ever done while drunk was lying down behind a parked car and swearing on my life to the stunning blond goddess that I would remember her name and number the next morning...

    I miss the days of few worries and even less complications But hey, everyone has to grow up at some stage right....

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    Site Caretaker Dave A's Avatar
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    Reading this, I'm quietly pondering when being drunk might be considered an aggravating circumstance, or where it might be used in mitigation.

    Any ideas?
    The trouble with opportunity is it normally comes dressed up as work.

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