Minister of Police and Others v Phoka (14823/2021) [2025] ZAGPJHC 562 (5 June 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 562 | Noteup | LawCite sino index ## Minister of Police and Others v Phoka (14823/2021) [2025] ZAGPJHC 562 (5 June 2025) Minister of Police and Others v Phoka (14823/2021) [2025] ZAGPJHC 562 (5 June 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_562.html sino date 5 June 2025 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 14823/2021 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED. In the matter between: THE MINISTER OF POLICE 1 S T APPLICANT THE NATIONAL COMMISSONER 2 ND APPLICANT SOUTH AFRICAN POLICE SERVICES THE GAUTENG PROVINCIAL COMMISSIONER 3 RD APPLICANT SOUTH AFRICAN POLICE SERVICE THE NATIONAL DIRECTOR OF 4 TH APPLICANT PUBLIC PROSECUTIONS AND ZWANE KATLEHO PHOKA RESPONDENT JUDGMENT MABESELE J: [1]  The first, second, and third applicants are applying for leave to appeal against a part of the judgment and orders, dated the 4 th of March 2025. [2]  The issues raised by the applicants in this application were already dealt with in the judgment, except an additional argument which is dealt with in paragraph 3, below. [3]  Counsel’s argument is that the police arrested the accused on the bases of the report made to him by the complainant‘s mother and he reasonably suspected that offence was committed. His argument that the police officer did not have to ascertain whether the accused at the age of thirteen appreciated the offence alleged to have been committed, is incorrect. What counsel implies is that, for as long as a complaint is made to the police that a minor committed a criminal offence of rape, such a minor should be arrested on a “ reasonable suspicion ” [1] that he committed an offence without any prior inquiry by the police about the minor’s criminal capacity, especially at the age of the accused, and, in the circumstances where the alleged offence was reported by the victim (who was also a minor) to her mother, seven years after the incident had occured. As correctly argued by counsel for the respondent, the police should, at the very least, have liaised with the prosecution for direction. The applicants have no prospects of success on appeal. Neither there are compelling reasons to grant leave to appeal. Accordingly, this application is dismissed. The first, second and third applicants should pay costs on scale B, jointly and severally, the one paying the other to be absolved. The costs should include costs of counsel. M.M MABESELE ( Judge of the High Court Gauteng Local Division Date of hearing:                2 June 2025 Date of judgment:              5 June 2025 APPEARANCES For the Applicants:            Adv. Mawila Instructed by:                    State Attorneys. For the Respondent:         Adv. Nwakodo Instructed by:                    Okafor Ma Attorneys Inc. [1] Emphasis sino noindex make_database footer start