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South Africa decisions
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Helen Suzman Foundation and Another v Minister of Home Affairs and Others (32323/2022) [2023] ZAGPPHC 1896 (6 November 2023)
The court dismissed an application for declaratory enforcement, holding that its earlier interim ZEP order was not final and was already protected by section 18(2).
Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)
The High Court set aside an admission of guilt conviction and fine after finding the applicant’s rights were not properly explained and the payment was made under duress.
City of Cape Town v Balus and Others (21616/19) [2020] ZAWCHC 22 (17 March 2020)
The court confirmed a rule nisi against protestors occupying Cape Town streets, held the City could seek civil contempt relief, and made no costs order.
Makumba v Minister of Home Affairs and Others (6183/14) [2014] ZAWCHC 183 (3 December 2014)
The High Court reviewed and set aside a refugee-status refusal, ordering the applicant's asylum claim to be re-interviewed and reconsidered in light of new facts.
Minister of Police and Others v Premier of the Western Cape and Others (CCT 13/13) [2013] ZACC 33; 2013 (12) BCLR 1365 (CC); 2014 (1) SA 1 (CC) (1 October 2013)
The Constitutional Court held that the Premier of the Western Cape was constitutionally empowered under section 206(5) to appoint a commission of inquiry into police inefficiency and breakdown in relations between the police and the Khayelitsha community, and that such a commission may lawfully exercise subpoena powers over members of the Police Service. The Court found that the Premier had complied with cooperative governance obligations through extensive engagement with the Minister and Commissioner prior to the commission's appointment. The terms of reference were found to be sufficiently…
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F v Minister of Safety and Security and Another (4194/2006) [2009] ZAWCHC 101; 2009 (2) SACR 639 (WCC) ; 2010 (1) SA 606 (WCC) (26 June 2009)
The court found that Van Wyk, although not on formal duty, was on stand-by duty and in possession of a police vehicle allocated for SAPS purposes. The connection between his wrongful conduct and his employment was sufficiently close: he used the police vehicle to abduct, assault, and rape the plaintiff, and the plaintiff's belief that he was a police officer influenced her acceptance of his assistance. The SAPS code of conduct, mission statement, and constitutional obligations to protect vulnerable persons, especially children, reinforced the public policy considerations supporting vicarious…
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Fullimput 221 CC t/a Hawk Momlaba Luxury Tours v Sono and Another, Fullimput 221 CC t/a Hawk Momlaba Luxury Tours v Minister of Safety and Security and Others (7215/06, 11712/06) [2006] ZAGPHC 197; 2006 (10) BCLR 1202 (T) (18 May 2006)
The applicant established a clear right to operate its bus service under valid permits and to have its employees and passengers protected from violence and intimidation. The respondents' conduct, including threats, obstruction, and physical violence, constituted unlawful interference and contempt of previous court orders. The sixth respondent's denial was insufficient, and the seventh respondent's failure to answer led to a finding of contempt. The police failed in their constitutional and statutory duties by not intervening or enforcing the law, justifying a mandamus compelling investigation…
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