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South Africa Case Law

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Land And Property [2016] ZAGPJHC 158

Solgas (Pty) Ltd v Tang Delta Properties CC (11388/2015)

Solgas (Pty) Ltd v Tang Delta Properties CC (11388/2015) [2016] ZAGPJHC 158 (20 April 2016)

Court
South Gauteng High Court, Johannesburg
Case number
11388/2015
Judge
A A Crutchfield

The court found that the lessor's tacit hypothec for damages was received from the common law and had not been abrogated by statute or disuse in South African law. The absence of reported cases on the hypothec for damages was attributed to historical error and misapprehension, not silent consent or legislative repeal. The court held that the respondent was entitled to rely on the hypothec for damages arising from the applicant's failure to restore the premises. The respondent established a prima facie case for damages, and the applicant's denials were undermined by contradiction. Accordingly,…

Source excerpt

  • Lessor Tacit Hypothec
  • Damages For Failure To Restore Premises
  • Interim Interdict
  • Abrogation By Disuse
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Criminal Law [2008] ZASCA 98

S v Hoho (493/05)

S v Hoho (493/05) [2008] ZASCA 98; [2009] 1 All SA 103 (SCA) ; 2009 (1) SACR 276 (SCA) (17 September 2008)

Court
Supreme Court of Appeal
Case number
493/05
Judges
Streicher, Heher, Mlambo, Cachalia, Kgomo

The Supreme Court of Appeal held that criminal defamation has not been abrogated by disuse in South African law. The absence of reported convictions does not amount to tacit repeal, as prosecutions may occur in lower courts and the legislature has continued to recognise the crime. The court found that criminal defamation is not inconsistent with the Constitution. While freedom of expression is a foundational right, it is not absolute and must be balanced against the right to human dignity and reputation. The requirements for criminal defamation are more onerous than those for civil defamation…

Source excerpt

  • Criminal Defamation
  • Constitutionality Of Criminal Defamation
  • Freedom Of Expression
  • Human Dignity
  • Onus Of Proof
  • Abrogation By Disuse
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.