South Africa Case Law

Courtney v Boshoff N.O. and Others (2019/41681)

Courtney v Boshoff N.O. and Others (2019/41681) [2022] ZAGPJHC 1006; [2023] 2 All SA 100 (GJ) (20 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/41681

Judge

Wanless

The court found that the applicant was not a fugitive from justice and retained locus standi. The final sequestration order was granted in error, as the Insolvency Act requires a provisional order and a return date before a final order may be made. However, the order was not a nullity but a mistake, and remained effective until varied or set aside. The court exercised its discretion under section 149(2) of the Insolvency Act to vary the final order to a provisional sequestration order, with effect from the original date, thereby preserving the status quo and the actions taken by the trustees.…

Source excerpt

• Insolvency Act
• Sequestration Orders
• Variation Of Court Orders
• Locus Standi
• Fugitive From Justice

Shongwe v Magistrate Barberton and Others (1948/2018)

Shongwe v Magistrate Barberton and Others (1948/2018) [2019] ZAMPMHC 15 (16 September 2019)

Court

Middelburg High Court, Mpumalanga

Case number

1948/2018

Judges

HF Brauckmann, SS Mphahlele

The High Court dismissed leave to appeal against a ruling upholding arrest warrants, finding no reasonable prospect of success and confirming the warrants were lawfully issued.

• Warrant Of Arrest
• Fugitive From Justice
• Review Application
• Criminal Procedure Act
• Correctional Services Act
• Warrant-of-arrest

Hansmann (CCT 3/01), Ex parte

Hansmann (CCT 3/01), Ex parte [2001] ZACC 13; 2001 (2) SA 852 (CC); 2001 (4) BCLR 311 (22 February 2001)

Court

Constitutional Court

Case number

CCT 3/01

Judges

Chaskalson, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Sachs, Yacoob, Madlanga, Somyalo

The Constitutional Court refused special leave to appeal because the applicant was a fugitive from justice and had failed to disclose that fact.

• Leave To Appeal
• Fugitive From Justice
• Drug Offences
• Leave-to-appeal
• Fugitive-from-justice
• Drug-offences

Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97)

Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97) [1999] ZASCA 72; [1999] 4 All SA 383 (A); 2000 (1) SA 113 (SCA) (27 September 1999)

Court

Supreme Court of Appeal

Case number

316/97, 317/97

Judges

Mahomed, Olivier, Melunsky, Farlam, Madlanga

The Supreme Court of Appeal held that the TRC Amnesty Committee lacked jurisdiction to grant amnesty for the Namibia-related offences and dismissed one appeal.

• Extradition
• Amnesty Jurisdiction
• Promotion Of National Unity And Reconciliation Act
• Territorial Jurisdiction
• Fugitive From Justice
• Amnesty-jurisdiction