Confirms that on the present state of the authorities, neither SAPOL nor the DPP owe a citizen a duty of care in respect of prosecutorial or investigative functions. False imprisonment does not lie where incarceration results from a court order made in the lawful exercise of judicial authority to refuse bail, even where the underlying charges are later withdrawn. Charges withdrawn as part of a negotiated agreement do not constitute a termination of proceedings in favour of the accused for the purposes of malicious prosecution.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
3 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.