There are divided opinions on whether Khayelitsha based Magistrate Brendale Abrahams erred in his interpretation of the 48-hour rule which led to the release of three would-be cash in transit robbers.

The magistrate removed the matter from the court roll after agreeing with the lawyer of one of the accused that the suspects did not appear in court within 48 hours of their arrest.

According to the law an accused person should be brought before a lower court as soon as possible but not later than 48 hours after their arrest. But there is an exception when the arrest falls outside ordinary court hours, or if the suspect is physically unable to come to court or is ill.

Early on Monday evening – after court hours- five would be robbers were nabbed in Town Two in Khayelitsha while eight others were shot dead in an exchange of fire with police. Two of the arrested suspects were admitted to hospital.

At least 13 firearms including AK47s, and three improvised explosives devices were confiscated from the scene. Western Cape Police Oversight and Community Safety Department spokesperson Jan-Jan Joubert