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South Africa Case Law

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Civil Procedure [2017] ZANWHC 59

Malan v Minister of SAPS N.O. and Others (M279/2017)

Malan v Minister of SAPS N.O. and Others (M279/2017) [2017] ZANWHC 59 (11 August 2017)

The High Court set aside a search and seizure warrant, finding the supporting affidavit was improperly commissioned by an involved officer, making the warrant invalid.

  • Search And Seizure
  • Commissioner Of Oaths Impartiality
  • Validity Of Warrant
  • Regulation 7 Non Compliance
  • Search-and-seizure
  • Commissioner-of-oaths
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Civil Procedure [2014] ZAECELLC 4

Dotwana v Tafeni (1509/12)

Dotwana v Tafeni (1509/12) [2014] ZAECELLC 4 (26 February 2014)

The court held that it lacks the expertise to determine whether the signatures on the plaintiff's discovery affidavit and related pleadings are identical. Expert evidence is required for such determinations, and the court cannot rely on its inherent jurisdiction to make findings on matters requiring specialized knowledge. The application under Rule 30 was dismissed as it was unsupported by legal authority or expert evidence, and the requirements of Regulation 7(1) were not proven to have been violated on the facts before the court.

  • Commissioner Of Oaths Impartiality
  • Rule 30 Application
  • Expert Evidence
  • Signature Comparison
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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.