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THE SUPREME COURT OF APPEAL OF SOUTH AFRICA …

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 131/2010 In the matter between: THE MINISTER OF SAFETY AND SECURITY Appellant and TSHEI JONAS SEKHOTO First Respondent OUPA MOSUWU JOSEPH MADONSELA Also known as OUPA JOHANNES SIBEKO Second Respondent Neutral citation: Minister of Safety and Security v Sekhoto (131/10) [2010] ZASCA 141 (19 November 2010) Coram: Harms DP, Nugent, Lewis and Bosielo JJA and K Pillay AJA Heard: 02 November 2010 Delivered: 19 November 2010 Summary: Arrest without warrant s 40(1) Criminal Procedure Act 51 of 1977 jurisdictional requirements for valid arrest discretion onus. 2 _____ ORDER _____ On APPEAL from: Free State High COURT , Bloemfontein (Hancke, Kruger and Van Zyl JJ sitting as COURT of APPEAL from a Magistrates COURT ): The following order is made: 1 The APPEAL is upheld.

THE SUPREME COURT OF APPEAL. OF SOUTH AFRICA JUDGMENT . Case No: 131/2010 . In the matter between: THE MINISTER OF SAFETY AND SECURITY Appellant

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