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South Africa Case Law

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Delict [2021] ZAWCHC 128

Van Rensburg v Obiang (21748/2014)

Van Rensburg v Obiang (21748/2014) [2021] ZAWCHC 128 (18 June 2021)

Court
Western Cape High Court, Cape Town
Case number
21748/2014
Judge
Lekhuleni

The court found that the plaintiff was unlawfully arrested, detained, and tortured in Equatorial Guinea at the instance of the defendant, who abused his official position for private interests. The deprivation of liberty was malicious, without lawful cause, and effected through the defendant's control of the Rapid Intervention Force. The plaintiff's evidence, including expert psychological and actuarial reports, was uncontested and established severe physical and psychological harm, as well as permanent impairment of earning capacity. The court accepted the actuarial calculations and corrobor…

Source excerpt

  • Unlawful Arrest And Detention
  • Torture And Cruel Treatment
  • Quantification Of Damages
  • Attachment Ad Fundandam Jurisdictionem
  • Loss Of Earnings
  • International Human Rights
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Administrative Law [2012] ZAGPPHC 362

Katabana v Chairperson of Standing Committee for Refugee Affairs and Others (25061/2011)

Katabana v Chairperson of Standing Committee for Refugee Affairs and Others (25061/2011) [2012] ZAGPPHC 362 (14 December 2012)

Court
North Gauteng High Court, Pretoria
Case number
25061/2011
Judge
Davis

The court found that the decisions of the Refugee Status Determination Officer and the Standing Committee for Refugee Affairs were manifestly unsound and unjustifiable. The respondents failed to comply with statutory and regulatory requirements, including providing competent interpretation and conducting a fair hearing. The applicant's evidence of persecution, instability, and violence in the DRC was not properly considered. The respondents did not provide adequate reasons for their decisions and failed to engage with the relevant facts and international obligations. Given the exceptional cir…

Source excerpt

  • Refugees Act
  • Non Refoulement
  • Procedural Fairness
  • International Human Rights
  • Manifestly Unfounded Claims
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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.