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South Africa decisions
Decisions matching the current search
Lephoi v Ramakarane (4474/2020) [2023] ZAFSHC 222 (7 June 2023)
The High Court granted leave to appeal in a defamation matter, finding reasonable prospects that the trial court may have overlooked the context and prior judgment.
Mfoza Service Station (Pty) Ltd v Engen Petroleum Ltd and Another (CCT 167/21) [2023] ZACC 3; 2023 (4) BCLR 397 (CC); 2023 (6) SA 29 (CC) (1 February 2023)
The Constitutional Court held that section 12B(4)(a) of the Petroleum Products Act does not empower an arbitrator to award damages or compensation for past losses as a corrective remedy. The statutory language confines the arbitrator's powers to correcting unfair or unreasonable contractual practices, which is a forward-looking intervention aimed at restoring the contractual relationship to the standard of fairness and reasonableness. The Court found that the absence of express language permitting compensatory awards in section 12B(4)(a), contrasted with the explicit power to compensate under…
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Minister of Police v Mnukwa and Others (CA38/2021) [2022] ZAECMHC 46 (8 November 2022)
The High Court condoned a late appeal, partly upheld a rescission appeal, and corrected illegal interest orders while leaving the damages award intact.
Ellis v Trustees of Palm Grove Body Corporate and Others (2293/2020P) [2021] ZAKZPHC 97; 2023 (4) SA 608 (KZP) (7 December 2021)
The High Court upheld an appeal against a CSOS adjudicator’s award, setting aside a damages order and holding that the dispute fell outside the CSOS Act.
Rikhotso v Minister of Safety and Security (CA 203/2019) [2020] ZAECGHC 84 (4 August 2020)
The High Court upheld an appeal for wrongful arrest and detention, finding the officer lacked objectively reasonable grounds to suspect attempted murder.
Minister of Police v Dunjana and Others (01/2015) [2019] ZAECPEHC 49 (13 August 2019)
The High Court granted leave to appeal against damages awarded for unlawful arrest and detention, finding the evidence may support a reasonable suspicion.
Martins v Minister of Police (1400/2011) [2013] ZAECPEHC 27 (4 June 2013)
The court found a police assault and unlawful arrest, rejected parts of the plaintiff’s evidence, and awarded R65,000 in damages plus costs.
Nel v Minister of Safety and Security (A1009/2010) [2012] ZAGPPHC 188 (22 August 2012)
High Court appeal on whether interest on an unliquidated damages award should run from judgment or from date of demand.
South African Human Rights Commision v Qwulane (44/EQJHB) [2011] ZAEQC 3 (31 May 2011)
Default judgment in the Equality Court found a newspaper article and cartoon to be hate speech against homosexuals and awarded apology and damages.
Fani v Fort Beaufort Residents Association and Others (3170/06) [2008] ZAECHC 132 (7 August 2008)
An unopposed defamation claim by a municipal councillor succeeded after false allegations about RDP houses were published; the court awarded R25,000 in damages.
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