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South Africa decisions
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Mokhemisa v Minister of Police (1340/2023) [2023] ZAFSHC 436 (9 November 2023)
The High Court granted condonation for late statutory notice against the Minister of Police, finding good cause, no prescription, and no unreasonable prejudice.
Mudau v Ndivhuwo and Others (779/2023) [2023] ZALMPTHC 11 (12 October 2023)
The High Court dismissed an urgent application over a disputed stand, finding no urgency and a defective founding affidavit, and upheld both points in limine with costs.
Firstrand Bank Limited v Briedenhann (3690/2021) [2022] ZAECQBHC 6; 2022 (5) SA 215 (ECGq) (5 May 2022)
The court held that Regulation 3(1) of the Regulations Governing Administration of Oaths requires the deponent to sign the declaration in the physical presence of the commissioner of oaths. Virtual presence via video conference does not satisfy this requirement. However, the regulations are directory and not peremptory, and substantial compliance may suffice if the purpose of the regulation is met. In this case, the affidavits were commissioned and signed electronically via a secure digital platform, with the oath administered by video conference. The court found that the affidavits met the s…
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Malan v Minister of SAPS NO and Others (25953/18) [2019] ZAGPJHC 444 (31 October 2019)
The High Court refused leave to appeal, finding no reasonable prospects that another court would reach a different result on the earlier search-and-seizure ruling.
S v Maloma (A376/2015) [2015] ZAGPPHC 496 (11 June 2015)
The court held that the administration of the oath by the interpreter in the presence of the judicial officer is consistent with the provisions of section 162, read with section 165, of the Criminal Procedure Act. The North West Division's decision in Pilane v The State did not consider section 165, which expressly allows for the interpreter to administer the oath under judicial supervision. Therefore, no irregularity was committed, and the evidence was admissible. The doctrine of stare decisis binds lower courts to High Court decisions unless overturned by a higher court or another High Cour…
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Pilane v S (CA 10/2014) [2015] ZANWHC 10; 2016 (1) SACR 247 (NWM) (5 March 2015)
The court held that section 162 of the Criminal Procedure Act is peremptory and requires the oath to be administered by the presiding judicial officer. In this case, the oath was administered by the interpreter, not the magistrate, which constitutes a fatal irregularity. As a result, the evidence given by the witnesses was inadmissible, leaving no valid evidence before the court to support the conviction. The irregularity vitiated the entire proceedings, and it was unnecessary to consider whether the state had proved the appellant's guilt beyond reasonable doubt. The appeal was upheld and bot…
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Department: Rural Development & Land Reform and Another v Jacobs N.O. and Another (9774/2013) [2014] ZAGPPHC 961 (28 November 2014)
The High Court confirmed a registered right of way servitude over a farm, held the lessee had standing, and granted a final interdict restoring access.
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