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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