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South Africa decisions
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Pelser v Minister of Police (1296/2018) [2025] ZANWHC 67 (4 April 2025)
Application for leave to appeal dismissed with costs after the court found no reasonable prospect of success and rejected the applicant’s legal and factual grounds.
Britton v Minister of Justice & Correctional Services and Others (1349/18) [2023] ZAWCHC 155 (21 February 2023)
The Court held that it was bound by the Constitutional Court's decision in Smit, which declared section 5(1)(a) of the Extradition Act unconstitutional with prospective effect only. The applicant's arrest and the ministerial notification were issued before the Smit order and thus could not be retrospectively invalidated by this Court. The applicant's current restrictions stem from bail conditions, not ongoing arrest under the impugned provision. The ministerial notification and warrant were issued in substantial compliance with the Extradition Act and the treaty, and the Minister was not requ…
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Augustine v Minister of Safety and Security (3771/2007) [2018] ZAKZDHC 20 (29 May 2018)
The court held that prescription did not begin to run from the date of arrest and detention, as the plaintiff's claim was based on a continuing wrong encompassing arrest, detention, and malicious prosecution. The plaintiff did not have access to all material facts while charges were pending and investigations ongoing. Prescription only commenced upon the final withdrawal of charges on 26 September 2006, when the plaintiff acquired knowledge of the complete cause of action. The claim was instituted within three years of this date, and therefore, the special plea of prescription fails. The cour…
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Coe v Minister of Safety and Security and Others (627/2011) [2011] ZAWCHC 117 (20 January 2011)
The court discharged an urgent rule nisi, criticised the police arrest as apparently abusive, awarded costs to the applicant, and referred the matter for further investigation.
State President and Others v Tsenoli Kerchff and Another v Minister of Law and Order and Others (124/86) [1986] ZASCA 118 (30 September 1986)
The Supreme Court of Appeal held that regulation 3(1) of Proclamation R109 of 1986 was not ultra vires the powers conferred by section 3(1)(a) of the Public Safety Act, 1953. The Court found that the Act empowered the State President to make regulations for the safety of the public, maintenance of public order, and termination of the state of emergency as distinct purposes, and that the regulations were not limited to only those that also provided for termination of the emergency. The Court rejected the argument that the regulations unlawfully delegated discretion or lacked sufficient guideli…
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