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South Africa decisions
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N.F.M obo A.A.B.P v Minister of Police and Others (4626/2021) [2024] ZAMPMBHC 64; 2024 (2) SACR 651 (MM) (6 September 2024)
The court dismissed the mother’s unlawful arrest claim but held that detaining her four-month-old baby in a police cell was unlawful and awarded damages.
Executive Mayor of the City of Cape Town v Director of Public Prosecutions and Another - Application for Leave to Intervene and Leave to Appeal (CC60/2021) [2023] ZAWCHC 278 (13 November 2023)
The High Court dismissed the Executive Mayor’s application for leave to appeal, holding the challenge was premature and insufficiently developed on the facts.
C and Another v S (SS013/2021) [2021] ZAGPJHC 125 (26 July 2021)
The High Court granted bail on new facts to two police officer applicants facing murder charges, finding exceptional circumstances based on child welfare and changed circumstances.
J.S v Minister of Police (892/2020) [2021] ZAECGHC 29 (18 March 2021)
The High Court dismissed an exception to a claim for unlawful arrest and detention, holding that the pleadings were not vague and embarrassing.
Mulowayi and Others v Minister of Home Affairs and Another (CCT249/18) [2019] ZACC 1; 2019 (4) BCLR 496 (CC) (29 January 2019)
The Constitutional Court held that declarations of invalidity concerning regulations are not subject to confirmation by the Court. The High Court erred in suspending its declaration of invalidity of regulation 3(2)(a), as such suspension is unnecessary and perpetuates the applicants' statelessness. The regulation was ultra vires the empowering statute, which prescribes a five-year residency requirement, not ten years. The applicants are entitled to effective relief, and the suspension order must be set aside. Condonation and leave to appeal were granted in the interests of justice, given the…
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F.B and Others v Minister of Home Affairs and Others (11659/2018) [2018] ZAWCHC 153 (12 November 2018)
The Court held that D P B is a South African citizen by birth because both parents were lawfully admitted for permanent residence at the time of his birth, satisfying the requirements of section 2(1)(b) of the pre-amendment Citizenship Act. The negative construction of section 2(2) operates as a disqualification only where one parent lacks permanent residence and the other is not a citizen; this was not the case here. The Court rejected the respondents' argument for retrospective application of the amended provision, finding that such application would unlawfully interfere with vested rights.…
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African Development Bank v TN (A479/2017) [2018] ZAGPPHC 672; [2018] 3 All SA 646 (GP); 2019 (2) SA 437 (GP) (15 June 2018)
The court held that the Maintenance Act permits the granting of emoluments attachment orders ex parte, with the employer's right to seek rescission, suspension, or variation provided for after the order is made. The discrepancies in the dates of the order and accompanying documents were found to be administrative and immaterial, as the operative document was the signed order. The Bank's claim to immunity was rejected on the basis that the order did not affect the Bank's assets but only the emoluments due to its employee, and that the immunity provisions were not intended to shield employees f…
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Cebekhulu v Minister of Police and Another (4164/2015) [2017] ZAKZPHC 70 (14 November 2017)
The court found that the arrest of the plaintiff was lawful as the investigating officer had reasonable grounds for suspicion based on the child’s and her mother’s statements, the medical report, and the child’s identification of the plaintiff and the crime scene. The subsequent detention was also lawful, as bail was refused by the magistrate for valid reasons and the remand orders were justified by the need for further investigation and the child’s counselling. The delays in the proceedings were explained and found not to be inordinate, with the rights of the child being prioritised. The pla…
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Centre for Child Law and Others v Media 24 Limited and Others (23871/15) [2017] ZAGPPHC 313; [2017] 3 All SA 862 (GP); 2017 (2) SACR 416 (GP) (11 July 2017)
Section 154(3) of the Criminal Procedure Act must be interpreted purposively and in light of the Constitution. The protection of anonymity extends to child victims in criminal proceedings, not only accused and witnesses, as the best interests of the child require such protection. However, the statutory age limit of 18 is clear and cannot be judicially extended; any change to the age threshold is for the legislature. The protection applies only within criminal proceedings and does not create a blanket prohibition outside that context. The application for extension of anonymity beyond 18 is dis…
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Essop v S (31/2016) [2016] ZASCA 114 (12 September 2016)
The Supreme Court of Appeal held that there were reasonable prospects of success on appeal against sentence and granted leave to appeal.
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