Lombard v Fort Hare University and Another (154/2024) [2025] ZAECMKHC 24 (11 March 2025)
Court
Eastern Cape High Court, Makhanda
Case number
154/2024
Judge
Laing
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.
Minister of Safety and Security and Another v Gaqa (190/02) [2002] ZAWCHC 9; 2002 (1) SACR 654 (C) (26 February 2002)
Court
Western Cape High Court, Cape Town
Case number
190/02
Judge
Desai
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,…