Pulled Over Is One Thing. Locked Up Is Another.

What the Zilwa judgment says about arrest for speeding

A recent Western Cape High Court judgment has drawn an important line between enforcing road traffic laws and unlawfully depriving someone of their freedom.

In Zilwa v MEC for Transport and Public Works and Another, the court found that the arrest and detention of a motorist for speeding, without a warrant, was unlawful. Reports on the judgment indicate that the motorist had been accused of travelling at 188 km/h in a 120 km/h zone and was later detained for several hours after being taken to a police station. The court held that speeding is not a Schedule 1 offence under the Criminal Procedure Act and that the arrest therefore did not meet the usual requirements for a warrantless arrest on that basis. It also found the resulting detention to be unlawful.