South Africa Case Law

Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018)

Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

77433/2018

Judge

Khwinana

The High Court set aside an admission of guilt conviction and fine after finding the applicant’s rights were not properly explained and the payment was made under duress.

• Admission Of Guilt Fine
• Criminal Record Expungement
• Covid19 Lockdown Regulations
• Bill Of Rights Protection
• Procedural Fairness
• Admission-of-guilt-fine

Grimaudo v Dinwoodie (28072/2016)

Grimaudo v Dinwoodie (28072/2016) [2020] ZAGPJHC 329 (4 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

28072/2016

Judge

C Swanepoel

Leave to appeal was dismissed in a parenting-contact dispute arising during the Covid-19 lockdown, where the court found the requested relief would have required unlawful travel.

• Parental Rights And Responsibilities
• Contact Rights
• Covid19 Lockdown Regulations
• Urgent Application
• Costs Award
• Parental-contact

Mkhonza and Others v City of Johannesburg and Others (10190/2020)

Mkhonza and Others v City of Johannesburg and Others (10190/2020) [2020] ZAGPJHC 117 (21 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

10190/2020

Judge

S C Mia

The court found that the applicants failed to rebut the respondents' version that only incomplete, unoccupied structures were demolished and that no lawful occupiers were evicted. The applicants' affidavits contained internal inconsistencies, and some individuals cited as suffering hardship were not proven to be lawful occupiers. The applicants did not file a replying affidavit to address the respondents' denial of unlawful eviction or demolition. Applying the Plascon-Evans rule, the facts as presented by the respondents, together with the admitted facts, did not justify the final relief soug…

Source excerpt

• Eviction
• Demolition Of Structures
• Urgent Interdict
• Right To Housing
• Covid19 Lockdown Regulations