About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2025
>>
[2025] ZAGPJHC 562
|
|
Minister of Police and Others v Phoka (14823/2021) [2025] ZAGPJHC 562 (5 June 2025)
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NO: 14823/2021
(1)
REPORTABLE: YES / NO
(2)
OF INTEREST TO OTHER JUDGES: YES/NO
(3)
REVISED.
In the matter between:
THE
MINISTER OF POLICE
1
S
T
APPLICANT
THE
NATIONAL COMMISSONER
2
ND
APPLICANT
SOUTH AFRICAN POLICE SERVICES
THE
GAUTENG PROVINCIAL COMMISSIONER
3
RD
APPLICANT
SOUTH AFRICAN POLICE SERVICE
THE
NATIONAL DIRECTOR OF
4
TH
APPLICANT
PUBLIC PROSECUTIONS
AND
ZWANE
KATLEHO PHOKA
RESPONDENT
JUDGMENT
MABESELE
J:
[1] The first, second, and third
applicants are applying for leave to appeal against a part of the
judgment and orders, dated
the 4
th
of March 2025.
[2] The issues raised by the
applicants in this application were already dealt with in the
judgment, except an additional
argument which is dealt with in
paragraph 3, below.
[3]
Counsel’s argument is that the police arrested the accused on
the bases of the report made to him by the complainant‘s
mother
and he reasonably suspected that offence was committed. His argument
that the police officer did not have to ascertain whether
the accused
at the age of thirteen appreciated the offence alleged to have been
committed, is incorrect. What counsel implies is
that, for as long as
a complaint is made to the police that a minor committed a criminal
offence of rape,
such
a minor should be arrested on a “
reasonable
suspicion
”
[1]
that he committed an offence without any prior inquiry by the police
about the minor’s criminal capacity, especially at the
age of
the accused, and, in the circumstances where the alleged offence was
reported by the victim (who was also a minor) to her
mother, seven
years after the incident had occured. As correctly argued by counsel
for the respondent, the police should, at the
very least, have
liaised with the prosecution for direction. The applicants have no
prospects of success on appeal. Neither there
are compelling reasons
to grant leave to appeal. Accordingly, this application is dismissed.
The first, second and third applicants
should pay costs on scale B,
jointly and severally, the one paying the other to be absolved. The
costs should include costs of
counsel.
M.M MABESELE
(
Judge
of the High Court Gauteng Local Division
Date of hearing:
2 June 2025
Date of judgment:
5 June 2025
APPEARANCES
For the Applicants:
Adv. Mawila
Instructed by:
State Attorneys.
For the Respondent:
Adv. Nwakodo
Instructed by:
Okafor Ma Attorneys Inc.
[1]
Emphasis