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South Africa decisions
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R.S v ABSA Trust Limited and Others (515/2021) [2022] ZAFSHC 5 (6 January 2022)
The High Court terminated a trust created for a former minor, finding that continued control by the trustee infringed her property and dignity rights.
Kruger and Another v Minister of Water And Environmental Affairs and Others (57221/12) [2015] ZAGPPHC 1018; [2016] 1 All SA 565 (GP) (28 November 2015)
The court found that the Minister failed to comply with the mandatory consultative and public participation requirements under sections 99 and 100 of NEMBA before imposing the moratorium on domestic rhino horn trade. Specifically, there was no publication of the proposed moratorium in a national newspaper and the Gazette notice lacked sufficient information to enable meaningful public participation. These procedural defects rendered the moratorium invalid, regardless of its rationality or reasonableness. The court held that substantial compliance with statutory consultation and participation…
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Ntsoko v National Director of Public Prosecutions (A737/13) [2015] ZAGPPHC 218; 2016 (1) SACR 103 (GP) (23 April 2015)
The court held that the respondent's decision to proceed under Chapter 6 of POCA was rational and lawful, given the overwhelming evidence that the appellant's assets were proceeds of criminal activity. The appellant failed to provide factual evidence disproving the criminal origin of the assets, relying instead on bare denials. The court found that the legislative objectives of POCA—to deprive criminals of the proceeds of crime—outweighed the appellant's constitutional rights to property in the circumstances. The discretion to choose between Chapter 5 and Chapter 6 lies with the NDPP and is s…
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