Speeding motorists may not be detained, rules WC High Court

While speeding may be regarded as a serious offence, a court has found that it does not necessarily mean motorists should be arrested.

In a significant ruling, the Western Cape High Court declared the arrest and detention of a motorist for speeding to be unlawful and unconstitutional.

Eastern Cape attorney Hymie Zilwa was arrested in 2019 near Laingsburg in the Karoo for doing 188km/h in a 120km/h zone.

He challenged the arrest in the High Court, alleging he was detained for several hours.

Speaking to CapeTalk’s Lester Kiewit, Zilwa explains that he was not the driver of the vehicle at the time of the alleged speeding, but had taken possession of the car.

“I had just taken possession of the vehicle when they [the police] were looking at their device, and they saw that the vehicle, about 30 minutes ago, was speeding. I made it clear to them that I was not the one who was driving; they flatly refused.”

The Western Cape High Court found the arrest was without a warrant, noting that speeding is not a schedule 1 offence.

It further held that exceeding the speed limit does not justify deprivation of liberty under the Criminal Procedure Act.

Zilwa emphasises that the ruling sets a precedent for future cases, stating that people can’t be detained without a warrant, even for speeding.

“One has to face the consequences of his deeds, so if you are caught speeding, you have to be issued a traffic fine, or if it is a speed where there is no fine prescribed, then you need to be given something that is going to make you appear in court, so that the magistrate is issuing the fine.”

He adds, “You can’t detain a person and put them in the cells."

To listen to Zilwa in conversation with Kiewit, use the audio player below: