The Pretoria high Court has heard that the rights of Noma Gigaba have been infringed and there was no need to put her in police cells.
Her legal representative, Advocate Dali Mpofu, made the submission before court today.
The wife of former Minister Malusi Gigaba has launched an urgent application to have her arrest and prosecution declared unlawful.
Gigaba was arrested in July after her husband opened a case against her.
This followed allegations that she damaged a luxury car belonging to his friend.
She’s facing charges of malicious damage to property and crimen injuria.
In the video below, Noma Gigaba’s case postponed:
The court has heard how Gigaba has been immensely traumatised together with her children by her arrest.
Advocate Mpofu has put it before court that the information downloaded from her electrical devices has not been returned.
However, counsel for the police advocate Dawie Joubert argued the arrest was lawfully affected after a warrant of arrest was issued by the magistrate on the 23 of July.
The police also say the information downloaded from the devices which is contained in six CD’s is part of the docket.
Joubert has also argued that there was no urgency in the matter and that it should be struck off the roll.