The interdictum de homine libero exhibendo and the question whether it is incumbent on a peace officer to consider less invasive means to secure attendance at court before effecting an arrest : National Commissioner of Police v Coetzee : 2013 1 SACR 358 (SCA)

Abstract

The respondent was flagged down by a Tshwane Metro Police Officer on the afternoon of Sunday 15 November 2009. With him in the vehicle were his wife, his son and his son’s girlfriend. The respondent declined to stop. The Metro Police gave chase and with reinforcements managed to stop and arrest him. At the police station where he was detained he was given a form “SAPD 14A” with the heading “Notice of rights in terms of the Constitution”. In terms of the form, he was being detained for failing to comply with an instruction of a “traffic officer”, “crimen injuria” and driving an “unlicensed and unregistered motor” (para 1).