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South Africa decisions
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Porrit and Another v National Prosecuting Authority of South Africa and Others [2023] ZAGPPHC 136; B825/2023 (6 March 2023)
Urgent mandamus to compel a nolle prosequi certificate was dismissed because the docket was missing, making statutory compliance impossible.
Strauss v Road Accident Fund (1157/04) [2005] ZAGPHC 96; 2006 (1) SA 70 (T) (23 September 2005)
The court found that the plaintiff took all reasonable steps to comply with Regulation 2(1)(c) by attempting to report the accident and submit the required affidavit to the police within the prescribed fourteen-day period. The evidence established that the police's refusal to accept the affidavit and their demand for additional documentation made it impossible for the plaintiff to comply strictly with the regulation. Applying the maxim lex non cogit ad impossibilia, the court held that impossibility caused by circumstances beyond the plaintiff's control excuses non-compliance with statutory f…
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