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South Africa Case Law

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Criminal Law [2025] ZANWHC 79

Mehran v S (Appeal) (CA20/24)

Mehran v S (Appeal) (CA20/24) [2025] ZANWHC 79 (7 May 2025)

The court found that the Section 10(2) certificate, although not verbatim to the Extradition Act, was sufficient to satisfy the statutory requirements for extradition, as established by Supreme Court of Appeal precedent. The affidavit presented by the State was admissible, with substantial compliance with the regulations regarding commissioners of oaths. The identity of the appellant was adequately established through multiple forms of evidence, including prior meetings, photographs, and video recordings. The extradition enquiry was not a criminal trial, and the procedural fairness afforded w…

  • Extradition Act
  • Identity Of Accused
  • Admissibility Of Affidavit
  • Commissioners Of Oaths Regulations
  • Section 10 Certificate
  • Procedural Fairness
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Civil Procedure [2021] ZANWHC 78

ABSA Bank Limited v Pro Trading Engineering (Pty) Ltd and Others (1274/2020)

ABSA Bank Limited v Pro Trading Engineering (Pty) Ltd and Others (1274/2020) [2021] ZANWHC 78 (26 October 2021)

The court found that the affidavit supporting the summary judgment application was clouded with irregularities and did not comply with the requirements of the Regulations relating to affidavits. It was questionable whether the deponent had personal knowledge of the facts and whether proper authority was established. The defendants raised bona fide triable issues, including the applicability of the suretyship, the absence of a company resolution, and the invocation of the Turquand rule. These issues warranted ventilation at trial. Consequently, the application for summary judgment was dismisse…

  • Summary Judgment
  • Suretyship
  • Company Resolution
  • Commissioners Of Oaths Regulations
  • Turquand Rule
  • Overdraft Facility
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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.