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South Africa Case Law

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Administrative Law [2020] ZAECBHC 11

E.O.C.I v Minister of Home Affairs and Another (1054/2018)

E.O.C.I v Minister of Home Affairs and Another (1054/2018) [2020] ZAECBHC 11 (28 May 2020)

The High Court condoned delay but dismissed a review challenging revocation of citizenship, finding the applicant had materially misrepresented his marital status.

  • Promotion Of Administrative Justice Act
  • Revocation Of Citizenship
  • Judicial Review Delay
  • False Representation
  • Procedural Fairness
  • Revocation-of-citizenship
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Criminal Law [2007] ZASCA 119

S v Mngqibisa (75/07)

S v Mngqibisa (75/07) [2007] ZASCA 119; 2008 (1) SACR 92 (SCA) (27 September 2007)

The Supreme Court of Appeal upheld a fraud conviction after a claimant falsely told an insurer’s agent he was driving, creating potential prejudice.

  • Fraud
  • Potential Prejudice
  • False Representation
  • Insurance Claims
  • Potential-prejudice
  • False-representation
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Criminal Law [1986] ZASCA 89

S v Luff and Another (261/84)

S v Luff and Another (261/84) [1986] ZASCA 89 (12 September 1986)

Appeal dismissed in a fraud case involving Hochland Agentskappe. The court upheld findings of partnership, false representations, and statutory presumptions.

  • Fraud
  • Fiduciary Duty
  • Burden Of Proof
  • False Representation
  • Criminal Procedure Act
  • Partnership Liability
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Criminal Law [1986] ZASCA 46

S v Mattheus (313/85)

S v Mattheus (313/85) [1986] ZASCA 46 (7 May 1986)

The court set aside fraud convictions after finding the State had not proved the post-dated cheque was falsely represented or that the appellants lacked a genuine belief in payment.

  • Fraud
  • False Representation
  • Burden Of Proof
  • Dishonoured Cheque
  • False-representation
  • Burden-of-proof
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.