South Africa Case Law

Minister of Law and Order and Another v Bishop of Roman Catholic Church of Diocese of Port Elizabeth (165/87)

Minister of Law and Order and Another v Bishop of Roman Catholic Church of Diocese of Port Elizabeth (165/87) [1988] ZASCA 119 (29 September 1988)

Court

Supreme Court of Appeal

Case number

165/87

Judges

Rabie, Joubert, Hefer, Vivier, Steyn

The court held that detention under emergency regulations turned on the officer’s subjective bona fide opinion, and upheld the detention of Father Cornelius.

• Detention Under State Of Emergency
• Subjective Opinion Test
• Onus Of Proof Mala Fides
• Judicial Review Of Executive Action
• Administrative-law
• State-of-emergency