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South Africa Case Law

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Constitutional Law [2016] ZAGPPHC 881

Tshwane University Technology v All Members of the Central Student Representative Council of the Applicant and Others (67856/14)

Tshwane University Technology v All Members of the Central Student Representative Council of the Applicant and Others (67856/14) [2016] ZAGPPHC 881 (22 September 2016)

Court
North Gauteng High Court, Pretoria
Case number
67856/14
Judge
Wentzel

The court found that the applicant's decision to summarily remove students from residences constituted an unlawful eviction under section 26(3) of the Constitution, as student residences are 'homes' for the purposes of the section. The applicant's characterization of the action as an 'evacuation' did not absolve it from the requirement to obtain a court order, and the urgency of the situation did not justify bypassing due process. The ex parte order was improperly sought without adequate disclosure and notice, warranting punitive costs. However, the court did not find sufficient evidence of w…

Source excerpt

  • Section 26 3 Eviction
  • Unlawful Eviction
  • Mootness
  • Ex Parte Applications
  • Student Residence Rights
  • Class Action Standing
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Criminal Law [2014] ZAWCHC 102

Acton v Radebe N.O and Others (15793/13)

Acton v Radebe N.O and Others (15793/13) [2014] ZAWCHC 102 (27 June 2014)

Court
Western Cape High Court, Cape Town
Case number
15793/13
Judge
N P Boqwana

The court found that the applicant lacked legal standing to seek a blanket stay of prosecution for all persons charged with possession or dealing in dagga, as he did not represent an identifiable class nor had he sought certification for a class action. The relief sought was not competent, as a stay of prosecution is a discretionary remedy, not a constitutional right, and must be determined on the merits of each individual case. The applicant failed to establish any infringement of rights under section 9 of the Bill of Rights, as no evidence of discrimination was presented. Furthermore, the r…

Source excerpt

  • Stay Of Prosecution
  • Class Action Standing
  • Equality Clause
  • Constitutionality Of Statutes
  • Discretionary Relief
  • Decriminalisation Of Dagga
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.