GOUS v THE MINISTER OF HOME AFFAIRS & ORS 1992 (2) ZLR 142 (H)

Flynote

Delict — unlawful arrest — whether arrest unlawful in the circumstances

Headnote

Acting on a report, the police visited the plaintiff's house in Chirundu to investigate a gathering that was taking place there. At the time the security situation was unsettled and the investigation had been made for security reasons. The police received a hostile and aggressive reception from the plaintiff. He refused to answer questions about the purpose of the gathering at his house. The plaintiff finally boarded a police vehicle and insisted that he be taken to the charge office. At the police station he threatened to use his connections to have the arresting policemen sacked and also threatened to assault a policeman. At this stage he was arrested. The court dismissed the plaintiff's claim for unlawful arrest, finding that the police details had more than reasonable grounds for believing the plaintiff had committed an offence of obstructing the police in the course of their duties and/ or of assault by gesture. The offences were committed in their presence and therefore they were entitled in law to arrest and detain the plaintiff as they did.