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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 93

Pennington and Another v Minister of Justice and Constitutional Development of the Republic of South Africa and Others (47599/2016)

Pennington and Another v Minister of Justice and Constitutional Development of the Republic of South Africa and Others (47599/2016) [2022] ZAGPPHC 93 (26 January 2022)

Court
North Gauteng High Court, Pretoria
Case number
47599/2016
Judge
Nyathi

The High Court dismissed a non-joinder objection in a malicious prosecution case, holding that the Minister of Justice bears final responsibility for the prosecuting authority.

  • Malicious Prosecution
  • Non Joinder
  • Ministerial Liability
  • Malicious-prosecution
  • Non-joinder
  • Ministerial-liability
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Delict [2021] ZASCA 151

Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020)

Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151; 2022 (2) SACR 569 (SCA) (27 October 2021)

Court
Supreme Court of Appeal
Case number
431/2020
Judges
Mathopo, Van der Merwe, Molemela, Mothle, Unterhalter

The Supreme Court of Appeal held that absolution from the instance was wrongly granted in a delict claim over parole decisions and allowed the appeal.

  • Ministerial Liability
  • Parole Board Discretion
  • Negligence
  • Constitutional Duty To Protect
  • Absolution From The Instance
  • Pain And Suffering
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Constitutional Law [2018] ZACC 36

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17)

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17) [2018] ZACC 36; 2018 (12) BCLR 1472 (CC) (27 September 2018)

Court
Constitutional Court
Case number
CCT48/17
Judges
Mogoeng, Zondo, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held Minister Bathabile Dlamini personally liable for 20% of costs after finding she failed to disclose material facts and acted in grossly negligent bad faith.

  • Personal Costs Order
  • Ministerial Liability
  • Gross Negligence
  • Bad Faith
  • Separation Of Powers
  • Public Administration Ethics
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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.