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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 428

Minister of Justice and Constitutional Development and Another v Masia (A13/2019)

Minister of Justice and Constitutional Development and Another v Masia (A13/2019) [2021] ZAGPPHC 428; 2021 (2) SACR 425 (GP) (28 June 2021)

Court
North Gauteng High Court, Pretoria
Case number
A13/2019
Judges
C N Van Heerden, TLHAPI VV

The High Court held that a magistrate maliciously ordered a maintenance litigant’s detention, making the Minister of Justice vicariously liable; the police appeal succeeded.

  • Unlawful Arrest And Detention
  • Judicial Immunity
  • Vicarious Liability
  • Damages Quantum
  • Section 12 Constitution
  • Malicious Conduct
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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.