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South Africa Case Law

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Civil Procedure [2025] ZAECBHC 6

Kosi v Minister of Police (Appeal) (CA 17/2024)

Kosi v Minister of Police (Appeal) (CA 17/2024) [2025] ZAECBHC 6 (4 March 2025)

The court found that the appellant, as a lay and unsophisticated person, provided a reasonable and sufficient explanation for the delay in serving the statutory notice required under section 3(1)(a) of Act 40 of 2002. The appellant only became aware of the legal requirement after consulting an attorney, and the delay was limited to four months, with no prejudice to the respondent. The court held that the explanation for delay must be assessed in light of the appellant's lack of legal knowledge and sophistication. Furthermore, the appellant demonstrated good prospects of success in the main ac…

  • Condonation Of Late Notice
  • Unlawful Arrest
  • Institution Of Legal Proceedings Against Organs Of State
  • Prospects Of Success
  • Good Cause
  • Burden Of Justification
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Constitutional Law [2008] ZACC 3

Zealand v Minister for Justice and Constitutional Development and Another (CCT54/07)

Zealand v Minister for Justice and Constitutional Development and Another (CCT54/07) [2008] ZACC 3; 2008 (6) BCLR 601 (CC) ; 2008 (2) SACR 1 (CC) ; 2008 (4) SA 458 (CC) (11 March 2008)

The Constitutional Court held that the applicant's detention as a sentenced prisoner in maximum security after his conviction and sentence were set aside was unlawful for the entire period from 23 August 1999 to 30 June 2004. The Court found that this detention violated section 12(1)(a) of the Constitution, as it was neither authorised by law nor in accordance with law, and amounted to a deprivation of freedom both arbitrary and without just cause. The state failed to justify the denial of the applicant's legal status as an awaiting-trial prisoner, and the series of magistrates' remand orders…

  • Unlawful Detention
  • Section 12 Rights
  • Principle Of Legality
  • Delictual Liability
  • Damages For Wrongful Detention
  • Burden Of Justification
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