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South Africa Case Law

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Civil Procedure [2024] ZAECMHC 61

S.M v Minister of Justice and Correctional Services and Others (3424/2023)

S.M v Minister of Justice and Correctional Services and Others (3424/2023) [2024] ZAECMHC 61; 2025 (1) SACR 65 (ECM) (9 July 2024)

Court
Eastern Cape High Court, Mthatha
Case number
3424/2023
Judges
L Rusi, M Notununu

The High Court set aside a final protection order for procedural unfairness, finding the applicant was not properly heard, but found no bias or malice.

  • Domestic Violence Act
  • Review Of Magistrates Decisions
  • Audi Alteram Partem
  • Procedural Irregularity
  • Bias And Malice
  • Interim And Final Protection Orders
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Civil Procedure [2021] ZAGPPHC 842

Sefularo v Tshukudu (A135/2019)

Sefularo v Tshukudu (A135/2019) [2021] ZAGPPHC 842 (10 November 2021)

Court
North Gauteng High Court, Pretoria
Case number
A135/2019
Judges
Mabuse, Ceylon

The High Court upheld an appeal against a final protection order, finding insufficient proof of harassment or harm and setting the order aside.

  • Protection From Harassment Act
  • Interim And Final Protection Orders
  • Onus Of Proof
  • Audi Alteram Partem
  • Reasonable Apprehension Of Harm
  • Protection-from-harassment-act
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Civil Procedure [2021] ZAGPPHC 721

Marais v Heuvel (A37/2020)

Marais v Heuvel (A37/2020) [2021] ZAGPPHC 721; 2021 (2) SACR 588 (GP) (20 August 2021)

Court
North Gauteng High Court, Pretoria
Case number
A37/2020
Judges
Strijdom, Makhoba

Appeal against a final protection order was upheld after the High Court found the evidence was misread and the incident did not amount to harassment.

  • Protection From Harassment Act
  • Interim And Final Protection Orders
  • Onus Of Proof
  • Assessment Of Evidence
  • Appeal On Fact
  • Protection-from-harassment-act
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.