In South Africa, recent statistics have shown that the South African Police Services (SAPS) have recorded 4,000 wrongful arrests in the 2023/24 financial year. Over a four-year period, between 2021 and 2024, SAPS has paid out approximately R1.6 billion in wrongful arrest and detention cases.
The Criminal Procedures Act 51 of 1977 (CPA) provides that police officials may arrest a person without a warrant on the grounds that they have a reasonable suspicion that a crime has been committed or the person has attempted to commit a crime. The purpose of this article is to explore the meaning of a “reasonable suspicion” in light of Mabele v The Minister of Police.
The Mabele case: Facts and circumstances
The facts of the Mabele case were as follows: The plaintiff, Mr Mabele, was working at Steers in Nahoon, East London, in the kitchen. The owner informed the employees that an amount of R90,000 in cash had been stolen and accused Mr Mabele of theft.
Mr Mabele told the owner that it could not have been him, as he works in the kitchen at the back of the restaurant and is not a cashier. Shortly after the allegations, police vans arrived at the restaurant, and Mr Mabele and other suspects were arrested without a warrant.
The arresting officer held the view that he had a reasonable suspicion that a Schedule 1 offence had been committed.
Conditions of detention: Mabele’s experience
Mr Mabele described the condition of the holding cell whilst he was behind bars as follows: It was cold, dirty, and smelled strongly of urine. There was an open toilet in the cell, without any privacy. The officers provided him with a single blanket, which he placed on the cement floor to sleep on.
He testified that he suffered from asthma and had called for assistance, but the officers ignored him. The incident also troubled him emotionally. The officers had led him away from the Steers restaurant in handcuffs, in sight of the public, who now viewed him as a criminal. He had not been able to sleep properly after the arrest.
The court’s test for reasonable suspicion
In order to determine whether or not the Minister of Police was liable in the present matter, the court explained the test to determine whether an arrest by a police official was based on a reasonable suspicion. The court held that the meaning of ‘reasonable grounds’ must be interpreted objectively, and the grounds must be those that would induce a reasonable person to have a suspicion.
The reasonable person in the position of the arresting officer must assess the quality of the information at his disposal before carrying out the arrest. He ought not to accept the facts lightly or without checking them. It is only after an examination of this kind that he will allow himself to entertain a suspicion, which will justify an arrest. The suspicion must be based upon solid grounds.
Guidance from the Biyela Case
More recently, in the case of Biyela v Minister of Police, the Supreme Court of Appeal provided further insight into when a reasonable suspicion would be present. The court held that a reasonable suspicion must be more than just a hunch.
It must be based on specific and articulable facts or information. The arresting officer must form a reasonable suspicion that a Schedule 1 offence has been committed based on credible and trustworthy information.
Key lessons from case law
The conclusion which may be drawn from prevailing case law is that a police officer, before carrying out an arrest without a warrant, based on a reasonable suspicion, must ensure that there are concrete facts and supporting evidence which justify such an arrest. A police officer cannot rely merely on the words of a complainant as a basis to justify an arrest without a warrant.
In the above matter, the court held that the arrest and subsequent detention of Mr Mabele were unlawful. He was awarded R90,000 by the court.
Should you believe that you have been wrongfully arrested and exposed to circumstances which have detrimentally impacted you, the first step in seeking justice is to consult with expert legal practitioners. Please feel free to contact us or book a consultation.
List of References:
- Mabele v Minister of Police [2024] ZAECELLC 25
- Biyela v Minister of Police 2023 (1) SACR 235 (SCA)
- Business Tech Police rack up insane bill for wrongful arrests in South Africa
- https://businesstech.co.za/news/government/803963/police-rack-up-insane-bill-for-wrongful-arrests-in-south-africa/?utm_source=chatgpt.com (Accessed: 20 August 2025)
- IOL SAPS records over 4,000 wrongful arrests, faces R2 billion in claims
- https://iol.co.za/news/politics/2024-09-10-saps-records-over-4000-wrongful-arrests-faces-r2-billion-in-claims/ (Accessed: 20 August 2025)
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