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South Africa Case Law

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Civil Procedure [2018] ZAKZPHC 77

Savoi and Others v National Prosecuting Authority and Another (5867/2013)

Savoi and Others v National Prosecuting Authority and Another (5867/2013) [2018] ZAKZPHC 77 (23 February 2018)

High Court refused to compel further discovery in a permanent-stay dispute, granted condonation for late opposition, and dismissed an application to introduce further evidence.

  • Discovery And Production Of Documents
  • Permanent Stay Of Prosecution
  • Abuse Of Prosecutorial Discretion
  • Fair Trial Rights
  • Condonation
  • Privilege And Disclosure
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Civil Procedure [2015] ZASCA 155

Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015)

Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015) [2015] ZASCA 155; [2015] 4 All SA 571 (SCA); 2016 (2) SA 121 (SCA) (8 October 2015)

The Supreme Court of Appeal held that the application to compel production of the children’s questionnaires under rule 35(12) was procedurally defective because the school failed to follow the process set out in rule 30A. Even if the questionnaires were not privileged, the best interests of the children required paramount consideration. The children’s confidentiality was promised and their participation in the litigation was protected by constitutional and statutory rights. The school did not demonstrate any prejudice or necessity for the questionnaires to answer the intervention application.…

  • Discovery And Production Of Documents
  • Child Participation In Litigation
  • Best Interests Of The Child
  • Legal Representation Of Children
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Administrative Law [2010] ZAFSHC 61

Odendaal v ABSA Brokers (Pty) Ltd and Another (2243/2010)

Odendaal v ABSA Brokers (Pty) Ltd and Another (2243/2010) [2010] ZAFSHC 61 (25 June 2010)

High Court review-related discovery application concerning a debarment under FAIS. The court ordered a typed transcript of the disciplinary enquiry record and costs.

  • Financial Advisory And Intermediary Services Act
  • Discovery And Production Of Documents
  • Judicial Review
  • Disciplinary Enquiry Record
  • Rule 30a Application
  • Judicial-review
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