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South Africa Case Law

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Civil Procedure [2024] ZALMPTHC 26

Thiko Consulting Engineers and Others v University of Venda and Another (161/2022)

Thiko Consulting Engineers and Others v University of Venda and Another (161/2022) [2024] ZALMPTHC 26 (26 March 2024)

Court
Limpopo High Court, Thohoyandou
Case number
161/2022
Judge
Khosa AJ

The court found that the Respondents, by filing an answering affidavit, had taken a step in the proceedings and were thus precluded from seeking a stay under Section 6(1) of the Arbitration Act. The court further held that the legality challenge to the agreement, which forms the basis of the main application, is a matter for judicial determination and not for arbitration. The arbitration clause cannot be enforced independently of the agreement when the agreement itself is subject to a legality challenge. The court concluded that there is sufficient reason why the dispute should not be referre…

Source excerpt

  • Arbitration Act 42 Of 1965
  • Stay Of Proceedings
  • Legality Review
  • Public Procurement
  • Arbitrator Appointment
  • Constitutional Remedy
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Criminal Law [2016] ZAWCHC 63

Page and Others v Additional Magistrate, Somerset West and Others (11275/2015)

Page and Others v Additional Magistrate, Somerset West and Others (11275/2015) [2016] ZAWCHC 63; [2016] 3 All SA 619 (WCC) (20 April 2016)

Court
Western Cape High Court, Cape Town
Case number
11275/2015
Judges
M J Dolamo, S Desai

The Court found that the search warrant issued against the first applicant was invalid due to its overbroad terms and failure to specify the alleged offences with sufficient particularity, as required by the Constitution and established case law. The execution of the warrant and the subsequent seizure of the laptop were declared unlawful and inconsistent with constitutional protections of privacy and dignity. However, the Court determined that a preservation order for the laptop was just and equitable, given the reasonable possibility that it contained evidence relevant to ongoing criminal in…

Source excerpt

  • Search And Seizure
  • Unlawful Search Warrant
  • Preservation Order
  • Right To Privacy
  • Corruption Investigation
  • Constitutional Remedy
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Criminal Law [2002] ZACC 10

S v Singo (CCT49/01)

S v Singo (CCT49/01) [2002] ZACC 10; 2002 (4) SA 858 (CC); 2002 (8) BCLR 793 (CC); 2002 (2) SACR 160 (CC) (12 June 2002)

Court
Constitutional Court
Case number
CCT49/01
Judges
Ngcobo, Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Madala, O'Regan, Sachs, Du Plessis, Skweyiya

Section 72(4) of the Criminal Procedure Act, 1977, imposes a legal burden on the accused to prove absence of fault for failing to appear in court, which limits the constitutional rights to be presumed innocent and to remain silent. While the summary procedure serves a pressing social purpose in ensuring the effective administration of justice, the imposition of a legal burden is not justifiable under section 36(1) of the Constitution, as less restrictive means—such as an evidentiary burden—could achieve the same objective without infringing fundamental rights. The Court held that the offendin…

Source excerpt

  • Reverse Onus
  • Presumption Of Innocence
  • Right To Silence
  • Fair Trial Rights
  • Criminal Procedure Act
  • Constitutional Remedy
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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.