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South Africa Case Law

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Administrative Law [2024] ZAWCHC 62

Van Der Vyver Transport (Pty) Ltd v Minister of Labour and Others (A128/2023; 5842/2020)

Van Der Vyver Transport (Pty) Ltd v Minister of Labour and Others (A128/2023; 5842/2020) [2024] ZAWCHC 62; [2024] 2 All SA 581 (WCC) (29 February 2024)

The majority held that the appellant's review application was fatally late, having been brought outside the 180-day period prescribed by PAJA, and that no proper application for condonation was made. The court found that the appellant failed to provide a full and reasonable explanation for the delay, with significant periods of inaction unexplained. Furthermore, the appellant did not exhaust the internal remedy under section 91 of COIDA, nor did it demonstrate exceptional circumstances justifying exemption. The majority concluded that the interests of justice did not warrant condonation, and…

  • Promotion Of Administrative Justice Act
  • Failure To Exercise Discretion
  • Condonation For Late Review
  • Exhaustion Of Internal Remedies
  • Compensation For Occupational Injuries And Diseases Act
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Civil Procedure [2023] ZAGPJHC 1294

Mtetwa v Minister Of Police (19234/2015)

Mtetwa v Minister Of Police (19234/2015) [2023] ZAGPJHC 1294 (10 November 2023)

The court found that the arresting officers failed to exercise the discretion required by section 40(1)(b) of the Criminal Procedure Act, as they did not apply their minds to objective facts relating to the plaintiff's circumstances. The suspicion leading to the arrest was unreasonable, and the officers did not verify the plaintiff's account or investigate further. The detention conditions were inhumane, and the refusal to provide medication amounted to assault. The defendant failed to rebut the plaintiff's evidence regarding detention conditions and denial of medication. The arrest and deten…

  • Unlawful Arrest
  • Unlawful Detention
  • Damages For Pain And Suffering
  • Constitutional Right To Liberty
  • Onus Of Justification
  • Failure To Exercise Discretion
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