During March/April 2023 Mr Thabo Bester, referred to supra, was constantly in the news. He is, of course, the man who allegedly "burnt to death" in his cell at the Mangaung Correctional Centre. He first gained notoriety as the so-called Facebook rapist.
Read more: Thabo Bester's Escape From Mangaung Correctional Centre in Bloemfontein
The Domestic Violence Act 116 of 1998 (hereinafter referred to as Act 116 of 1998) is amended by the Domestic Violence Amendment Act 14 of 2021 which appears in English and Afrikaans in Government Gazette No 45824 dated 28 January 2022 (hereinafter referred to as the "Amendment Act").
- Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA)
Relevant legal provisions applicable to this judgment
Section 40(1)(b) of the Criminal Procedure Act 51 of 1977 ("the CPA") provides as follows:
"40 Arrest by peace officer without a warrant
(1) A peace officer may [in Afrikaans text: ‘kan’] without warrant arrest any person -
(b) whom he or she reasonably suspects of having committed an offence referred to in Schedule 1 [of this CPA], other than the offence of escaping from lawful custody;
(c) to (q) …”