A discussion entitled “Before the accused has pleaded to the charge” and/or, “Two men have been taken in for questioning by the police”, was published in Ask Pollex in Servamus: November 2020.
In the latter part of the discussion supra (“two men taken in for questioning”), Pollex, inter alia, came to the conclusion that the police is in fact allowed to arrest a person without a warrant (and not take him/her in) for the purpose of questioning such person, and, if necessary, to hold an identification parade. In other words, the purpose of an arrest is not only to bring a suspect before court. As legal authority for this statement, Pollex referred to the South African Supreme Court of Appeal (“the SCA”) judgment of Duncan v Minister of Law and Order 1986 (2) SA 805 (A).
On 9 February 2021, Pollex, by chance, came across the following on the Internet, namely the Namibian case of Government of the Republic of Namibia v Thomas Inghangwe Ndjembo Case no: SA39/2017 dated 30 November 2020 Supreme Court of Namibia.