Drunk in public is not an offence Appeal Court
Publish date: 22 December 2006
Issue Number: 1734
Diary: Legalbrief Today
Category: Corruption
The Court of Appeal in Grahamstown has ruled that the arrest and detention of a Uitenhage man for being drunk and disorderly after a wedding ceremony was not justified.
Judges Josh Jones and Jeremy Pickering dismissed with costs an application by Safety and Security Minister Charles Nqakula to have a Uitenhage magistrates ruling overturned. The magistrate had awarded Robin Glisson, of Uitenhage, R15 000 in damages for wrongful arrest and imprisonment after he was arrested for allegedly throwing a bottle at a police vehicle while drunk. The magistrate found that Glissons arrest and detention on December 16 last year was not justified because he was not arrested for an offence which had occurred in the presence of the arresting officer. Being drunk in itself was not an offence. Both appeal judges said although the arresting officer had been on the scene, he had not personally witnessed any unlawful act by Glisson such as the throwing of the bottle. Full report in The Herald
