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South Africa Case Law

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Civil Procedure [2025] ZAECMKHC 24

Lombard v Fort Hare University and Another (154/2024)

Lombard v Fort Hare University and Another (154/2024) [2025] ZAECMKHC 24 (11 March 2025)

The court ordered return of cattle seized by police without satisfying warrantless-search requirements, but also barred the applicant from disposing of them for six months.

  • Spoliation Order
  • Interlocutory Interdict
  • Criminal Investigation
  • Stock Theft
  • Search And Seizure
  • Mandament Van Spolie
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Civil Procedure [2013] ZAGPJHC 239

Stevens and Others v Swart NO and Others (2012/38742)

Stevens and Others v Swart NO and Others (2012/38742) [2013] ZAGPJHC 239; 2014 (2) SA 150 (GSJ) (15 August 2013)

The High Court held that Rule 30A could not be used to compel third parties to produce a Rule 53 record. The application was dismissed with costs.

  • Rule 53 Review
  • Production Of Record
  • Privilege And Confidentiality
  • Access To Information
  • Criminal Investigation
  • Costs Order
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Criminal Law [2002] ZAWCHC 9

Minister of Safety and Security and Another v Gaqa (190/02)

Minister of Safety and Security and Another v Gaqa (190/02) [2002] ZAWCHC 9; 2002 (1) SACR 654 (C) (26 February 2002)

The court found that the applicants had established a convincing case for the surgical removal of the bullet from the respondent's leg. The statutory provisions of the Criminal Procedure Act authorize the use of reasonable force for searches and the ascertainment of bodily conditions. The removal of the bullet constitutes real evidence and does not infringe the respondent's right against self-incrimination. Although the procedure is an intrusion on the respondent's dignity and bodily integrity, the limitation of these rights is reasonable and justifiable under section 36 of the Constitution,…

  • Search And Seizure
  • Forensic Evidence
  • Constitutional Rights Limitation
  • Bodily Integrity
  • Criminal Investigation
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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.