Ex Parte Minister of Safety and Security: In re S v Walters
South African legal case / From Wikipedia, the free encyclopedia
Ex Parte Minister of Safety and Security and Others: In Re S v Walters and Another is a 2002 decision of the Constitutional Court of South Africa concerning the use of force to arrest criminal suspects. The court invalidated section 49(2) of the Criminal Procedure Act, 1977, which provided that the killing of certain fugitive suspects constituted justifiable homicide. Writing on behalf of a unanimous court, Justice Johann Kriegler held that the Bill of Rights required that force should be used in arrests only where such force is reasonable and necessary.
Quick Facts Ex Parte Minister of Safety and Security: In re S v Walters, Court ...
Ex Parte Minister of Safety and Security: In re S v Walters | |
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Court | Constitutional Court of South Africa |
Full case name | Ex Parte Minister of Safety and Security and Others: In Re S v Walters and Another |
Decided | 21 May 2002 (2002-05-21) |
Docket nos. | CCT 28/01 |
Citation(s) | [2002] ZACC 6; 2002 (4) SA 613; 2002 (7) BCLR 663 |
Case history | |
Prior action(s) | High Court of South Africa, Transkei Division – S v Walters and Another 2001 (2) SACR 471; 2001 (10) BCLR 1088 (Tk) |
Court membership | |
Judges sitting | Chaskalson CJ, Langa DCJ, Ackermann, Kriegler, Madala, Mokgoro, O'Regan, Sachs and Yacoob JJ, Du Plessis and Skweyiya AJJ |
Case opinions | |
Decision by | Kriegler J (unanimous) |
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