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South Africa Case Law

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Criminal Law [2017] ZAFSHC 201

S v Sokoi (R75/2017)

S v Sokoi (R75/2017) [2017] ZAFSHC 201 (10 August 2017)

Court
Free State High Court, Bloemfontein
Case number
R75/2017
Judges
Lekale, Mbhele

The court found that the accused did not abuse his constitutional right to legal representation. The accused terminated the mandate of his first attorney due to a language barrier and sought proper consultation with his second legal aid attorney, who withdrew without adequate opportunity for the accused to provide instructions. The trial court failed to allow the accused to present his reasons before excusing the attorney and refused to permit further legal representation, prioritizing expediency over fairness. This constituted a gross irregularity, rendering the trial unfair and vitiating th…

Source excerpt

  • Right To Legal Representation
  • Fair Trial
  • Abuse Of Rights
  • Gross Irregularity
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Delict [2016] ZASCA 95

Koukoudis and Another v Abrina and Another (20747/2014)

Koukoudis and Another v Abrina and Another (20747/2014) [2016] ZASCA 95; [2016] 3 All SA 398 (SCA); 2016 (5) SA 352 (SCA) (2 June 2016)

Court
Supreme Court of Appeal
Case number
20747/2014
Judges
Leach, Majiedt, Pillay, Victor, Baartman

The Supreme Court of Appeal held that the respondents failed to prove both the subjective and objective requirements for a claim based on abuse of rights. The evidence did not establish that the appellants acted with the sole or predominant intention to harm the respondents; rather, the objection and appeal were motivated by a legitimate commercial interest in protecting the value and viability of the Mall@Reds shopping centre. The court found that the respondents' case was speculative and lacked cogency, and that the appellants' conduct was not wrongful under South African law. The appeal su…

Source excerpt

  • Abuse Of Rights
  • Pure Economic Loss
  • Wrongfulness
  • Township Establishment
  • Statutory Objection
  • Damages For Delay
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Delict [2014] ZAGPPHC 368

Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009)

Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009) [2014] ZAGPPHC 368 (10 June 2014)

Court
North Gauteng High Court, Pretoria
Case number
61404/2009
Judge
R G Tolmay

The court found that the defendants, in lodging objections and appeals against the plaintiffs' township application, acted with the predominant intent to harm the plaintiffs and not to advance any legitimate commercial or town planning interest. The evidence, including minutes of Proc Corp's directors' meetings and expert testimony, established that the objections were part of a strategy to delay competing developments and stifle competition, rather than to protect reasonable interests. The defendants' failure to lead evidence to explain or justify their conduct reinforced the inference of ma…

Source excerpt

  • Abuse Of Rights
  • Mala Fide Objection
  • Town Planning Ordinance
  • Delictual Liability
  • Loss Of Profit
  • Statutory Rights Limitation
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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.