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South Africa decisions
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Minister of Police v Stevens (A2024/100331) [2025] ZAGPJHC 361 (4 April 2025)
The High Court dismissed an appeal over unlawful arrest and detention, holding that police failed to exercise the discretion required for a warrantless arrest.
Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (Application for Leave to Appeal) (4006/2024) [2025] ZAFSHC 99 (27 March 2025)
The High Court dismissed an application for leave to appeal, finding no basis to revisit its earlier ruling on claim 17, discretion, or alleged irregularity.
M.J v Minister of Police and Another (1191/2022) [2025] ZAECMHC 17 (11 March 2025)
The court found that while the arresting officer had some grounds for suspicion based on a confession and circumstantial information, she failed to properly exercise her discretion by not verifying the confession or pursuing available investigative avenues, such as fingerprint comparison, before arresting the plaintiff. The arrest was thus arbitrary and lacked a rational basis, rendering both the arrest and subsequent detention until first court appearance unlawful. Regarding post-court appearance detention, the arresting officer failed to provide the prosecutor and court with necessary infor…
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Fouche v Minister of Police (A59/2024) [2024] ZAGPPHC 1176 (11 November 2024)
Appeal dismissed in an unlawful arrest claim arising from the arrest of the appellant in possession of an Audi A1 reported stolen.
Central Drug Authority and Another v Ucko (A87/2023) [2024] ZAGPPHC 453 (14 May 2024)
The High Court dismissed an appeal against refusal to uplift a bar. It granted condonation and revival for finality, but found no bona fide defence.
Diobuzz (Pty) Ltd and Others v Mvumbi NO (2021/13229) [2023] ZAGPJHC 1228 (27 October 2023)
The High Court dismissed a review of a taxing master’s rulings on several bill-of-costs items, finding no basis to interfere with the discretion exercised.
FHP Zimbali residence No. 5B Shareblock Company (Pty) Ltd v Studio Investments CC (A2023-02482) [2023] ZAGPJHC 933 (21 August 2023)
Appeal from a magistrates’ court costs order dismissed. The High Court held there was no basis to interfere with the discretion and imposed attorney-client costs.
Mystic River Investments 45 (Pty) Ltd and Another v Zayeed Paruk Incorporated and Others (432/2022) [2023] ZASCA 54; 2023 (4) SA 500 (SCA) (19 April 2023)
The Supreme Court of Appeal found that the high court erred by applying a wrong principle, namely a predisposition that a peregrinus is obliged to furnish security for costs when demanded by an incola. The correct approach is a balancing exercise considering fairness and equity for both parties. The second appellant, a peregrinus with no assets in South Africa, involved himself in the litigation for personal benefit. If security is not ordered and the main application fails, the respondents would face inconvenience, delay, and additional costs in enforcing a cost order abroad. The second appe…
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Mofokeng and Another v The GPSSBC and Others (JR 1678/21) [2023] ZALCJHB 64 (17 March 2023)
The court held that the commissioner exercised discretion appropriately in refusing condonation for the late referral of the unfair dismissal dispute. The applicants failed to provide a reasonable explanation for the delay, particularly for the period between February and June 2020. The Covid-19 lockdown did not constitute a sufficient excuse. Furthermore, the applicants did not establish a right to an oral hearing under the GPSSBC rules, distinguishing their case from Kungwini, which concerned CCMA rules. The applicants had no reasonable prospects of success, as their fixed-term contracts ha…
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Solidarity obo Taljaard v Assmang Ltd (BlackRock Operations) and Others (JR1856/20) [2023] ZALCJHB 304 (28 February 2023)
Labour Court granted review of a CCMA condonation refusal, finding the commissioner misapplied condonation principles and overlooked a minimal, explained delay.
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