South Africa Case Law

Smit and Another v Minister of Police (1213/18)

Smit and Another v Minister of Police (1213/18) [2019] ZANCHC 44 (28 June 2019)

Court

Northern Cape High Court, Kimberley

Case number

1213/18

Judge

BM Pakati

The court found that the applicants provided a reasonable explanation for their delay in serving the statutory notice, citing financial constraints, lack of legal knowledge, and trauma following the arrest. The respondent's assertion of prejudice was found to be general and unsupported by specific facts, especially as the respondent had already filed its plea and answering affidavit. The court held that the offences for which Mr Smit was arrested did not fall within Schedule 1 of the Criminal Procedure Act, supporting the applicants' prospects of success in the main action. The respondent's e…

Source excerpt

• Institution Of Legal Proceedings Against Organs Of State Act
• Unlawful Arrest And Detention
• Condonation For Late Notice
• Discovery Procedure
• Emotional Distress Claim

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (2828/2010)

Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (2828/2010) [2017] ZANWHC 113 (7 December 2017)

Court

North West High Court, Mafikeng

Case number

2828/2010

Judge

R D Hendricks

The court granted absolution from the instance after finding no evidence to support contractual or delictual liability against the security company.

• Contractual Exclusion Of Liability
• Absolution From Instance
• Burden Of Proof
• Emotional Distress Claim
• Waiver And Indemnity
• Absolution-from-instance