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South Africa decisions
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Mashaba v Minister of Police (54940/2012) [2023] ZAGPPHC 2023 (18 December 2023)
The High Court dismissed a prescription plea in an unlawful arrest and detention claim, holding prescription ran only from the plaintiff’s release from custody.
Amalungelo Worker's Union obo Mayisela and Others v Commission for Conciliation, Mediation and Arbitration (JA 07/21) [2021] ZALAC 55; (2022) 43 ILJ 600 (LAC) (29 November 2021)
The Labour Appeal Court held that the CCMA lacked jurisdiction because the section 198B dispute was referred late and no condonation was sought.
Augustine v Minister of Safety and Security (3771/2007) [2018] ZAKZDHC 20 (29 May 2018)
The court held that prescription did not begin to run from the date of arrest and detention, as the plaintiff's claim was based on a continuing wrong encompassing arrest, detention, and malicious prosecution. The plaintiff did not have access to all material facts while charges were pending and investigations ongoing. Prescription only commenced upon the final withdrawal of charges on 26 September 2006, when the plaintiff acquired knowledge of the complete cause of action. The claim was instituted within three years of this date, and therefore, the special plea of prescription fails. The cour…
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