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South Africa Case Law

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Constitutional Law [2014] ZAWCHC 135

De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14)

De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14) [2014] ZAWCHC 135; 2015 (1) SACR 18 (WCC); [2014] 4 All SA 374 (WCC) (5 September 2014)

Section 77(6)(a)(i) and (ii) of the Criminal Procedure Act, 51 of 1977, are unconstitutional because they mandate automatic and indefinite detention of accused persons found unfit to stand trial due to mental illness or defect, without affording judicial discretion or considering individual circumstances. This results in arbitrary deprivation of liberty, contrary to section 12(1)(a) of the Constitution, and unfair discrimination against children and persons with disabilities. The impugned provisions fail to provide for individualized justice, do not require an assessment of danger to society…

  • Deprivation Of Liberty
  • Judicial Discretion
  • Rights Of Children
  • Mental Health Legislation
  • Constitutional Invalidity
  • Limitation Of Rights
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Civil Procedure [1998] ZASCA 86

Road Accident Fund v Smith NO (555/96)

Road Accident Fund v Smith NO (555/96) [1998] ZASCA 86; 1999 (1) SA 92 (SCA); [1998] 4 All SA 429 (A) (28 September 1998)

The Supreme Court of Appeal held that Article 56 of the Agreement under the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 is inconsistent with section 13(1) of the Prescription Act 68 of 1969 regarding the suspension or extension of prescription for certain classes of persons. Article 56 specifically lists minors, persons detained under mental health legislation, and persons under curatorship as protected from prescription, but does not include insane persons who are not detained. The legislative history and statutory wording indicate that Parliament intended to exclude the broader…

  • Prescription Act
  • Mental Health Legislation
  • Third Party Motor Vehicle Claims
  • Curatorship
  • Statutory Interpretation
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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.