Lawyer Arrested for Speeding: Was it a Lawful Arrest?
05 February 2026,
Ethan Du ToitThe social fabric of the South
African society continues to be tainted by high crime rates, domestic violence,
and gender-based... violence. The South African Police Service (“SAPS”) carries a constitutional and
statutory responsibility to combat crime and maintain public order. Unfortunately,
wrongful arrests remain a persistent problem in South Africa. On numerous
occasions, citizens are arrested, detained, humiliated, and exposed to public
embarrassment in circumstances where such arrests were not legally justified.
This article examines when an arrest may be considered wrongful, with reference
to the recent case of Zilwa v Member of the Executive Council for the
Department of Transport and Public Works and Another.