South Africa Case Law

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)

Court

North Gauteng High Court, Pretoria

Case number

21369/2023; B1092/2023

Judge

H G A Snyman

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…

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• Special Investigating Units Act
• Final Interdict
• Urgent Application
• Investigative Powers
• Harassment And Intimidation

Oyakhilome and Another v Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities (2015/42575)

Oyakhilome and Another v Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities (2015/42575) [2015] ZAGPJHC 299 (7 December 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/42575

Judge

C Georgiades

The High Court suspended a Commission notice compelling religious leaders to appear and produce documents, finding it was not rationally linked to the stated investigation.

• Commission Powers
• Interim Interdict
• Rationality Review
• Constitutional Mandate
• Investigative Powers
• Administrative-law

National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012)

National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168; 2014 (2) SA 42 (SCA); [2014] 1 All SA 435 (SCA) (27 November 2013)

Court

Supreme Court of Appeal

Case number

485/2012

Judges

Navsa, Brand, Ponnan, Tshiqi, Theron

The Supreme Court of Appeal held that the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 empowers South African authorities to investigate crimes against humanity committed outside South Africa, irrespective of the alleged perpetrators' presence in the country. The SAPS and NPA misconstrued their powers and obligations under the ICC Act and related legislation. The Act criminalises such conduct at the time of its commission, and the SAPS, through its Directorate for Priority Crime Investigation (the Hawks), has the competence to initiate investigations i…

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• Implementation Of Rome Statute
• Crimes Against Humanity
• Universal Jurisdiction
• Investigative Powers
• Extraterritorial Criminal Jurisdiction
• Constitutional Obligations