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South Africa Case Law

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Administrative Law [2023] ZAGPPHC 1119

Marite v Minister of Justice and Correctional Services and Others (21369/2023; B1092/2023)

Marite v Minister of Justice and Correctional Services and Others (21369/2023; B1092/2023) [2023] ZAGPPHC 1119 (5 September 2023)

The applicant failed to establish the requirements for a final interdict. The court found no evidence of harassment, intimidation, or unlawful conduct by the SIU or Mr Siweya. The SIU acted within its statutory mandate, and the applicant voluntarily participated in the interview. Disputes of fact raised by the respondents were genuine and bona fide, and the applicant's case was based on conjecture and unsubstantiated inferences. The applicant did not demonstrate a clear right, injury actually committed or reasonably apprehended, or lack of adequate alternative remedy. Relief sought against th…

  • Special Investigating Units Act
  • Final Interdict
  • Urgent Application
  • Investigative Powers
  • Harassment And Intimidation
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Constitutional Law [2019] ZAGPJHC 166

Brown v Economic Freedom Fighters and Others (14686/2019)

Brown v Economic Freedom Fighters and Others (14686/2019) [2019] ZAGPJHC 166; [2019] 3 All SA 499 (GJ); 2019 (6) SA 23 (GJ) (6 June 2019)

The High Court found it had jurisdiction to hear the matter, as the relief sought did not fall within the exclusive jurisdiction of the Electoral Court. The respondents, as a political party and its leader, are expressly bound by the Electoral Code of Conduct and failed to comply with their obligations to instruct and take reasonable steps to ensure their supporters did not harass, intimidate, or threaten the applicant, a female journalist. The respondents' conduct, including their refusal to intervene and their public statements, fell short of what was required by the Code, particularly rega…

  • Electoral Code Of Conduct
  • Media Freedom
  • Gender Rights
  • Harassment And Intimidation
  • Declaratory Relief
  • Jurisdiction Of High Court
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