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South Africa decisions
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Monareng v Majories Trading Enterprise CC (A34/2022) [2024] ZAGPPHC 622; 2025 (3) SA 574 (GP) (18 June 2024)
The High Court dismissed an appeal over a shooting incident, holding that necessity was properly raised and proved on the evidence.
Pretorius v Minister of Police (27250/2018) [2022] ZANCHC 62 (30 September 2022)
The High Court held the Minister of Police liable after finding that police negligently shot the plaintiff with a rubber bullet during a protest.
S v Ntshaba (57/2022) [2022] ZAECGHC 3 (7 February 2022)
The court found that all three accused were guilty of murder, acting intentionally and unlawfully in furtherance of a common purpose. The evidence established that accused 3, Faniso, was not compelled by necessity or threat to participate in the murder; her version of compulsion was not reasonably possibly true and contradicted her own prior statement and conduct. The court accepted the testimony of accused 1 and 2, as well as the statement to Captain Klaas, as credible and reliable. The murder was not planned or premeditated, but rather impulsive and executed shortly after the decision was m…
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Director of Public Prosecutions: Gauteng Division, Pretoria v Pooe (348/2019) [2021] ZASCA 55; [2021] 3 All SA 23 (SCA); 2021 (2) SACR 115 (SCA) (30 April 2021)
The Supreme Court of Appeal dismissed the State’s application for leave to appeal, holding that the proposed reservations were factual, not legal, questions.
Cloete and Others v S (A106/2019) [2019] ZAFSHC 247; 2020 (1) SACR 317 (FB) (19 December 2019)
The court found that the appellants were faced with an emergency situation where the survival of the cubs was at stake and statutory compliance was objectively impossible due to the cubs' age and health. The evidence established that permits could not be obtained because microchipping was required, but not feasible for newborn cubs. The defence of impossibility was accepted regarding the permit requirements. The court further held that the defence of necessity applied, as the appellants acted to protect the lives of the cubs, which outweighed the interest in strict statutory compliance. The e…
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Ramatlo v Mphela and Associates and Another (45224/2014) [2017] ZAGPPHC 421 (29 March 2017)
The High Court refused leave to appeal, holding that the defendants had not shown reasonable prospects of success and had left a gap in their evidence.
Hotz and Others v University of Cape Town (730/2016) [2016] ZASCA 159; [2016] 4 All SA 723 (SCA); 2017 (2) SA 485 (SCA) (20 October 2016)
The Supreme Court of Appeal held that the university had established the requisites for a final interdict: its rights were infringed by the protest actions, the appellants were active participants in unlawful conduct, and there was a reasonable apprehension of recurrence in the absence of any undertaking to desist. The defence of necessity was rejected as it was not properly raised or substantiated, and the constitutional dispensation provides legal avenues for grievances. Alternative remedies such as disciplinary proceedings, criminal charges, or mediation were found inadequate to afford sim…
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S v Mkutoane (386/2010) [2010] ZAFSHC 151 (25 November 2010)
On review, the Free State High Court set aside Jane Mkutoane’s conviction after finding her plea raised necessity and the magistrate materially misdirected herself.
Crown Chickens (Pty) Ltd t/a Rockland Poultry v Rieck (483/05) [2006] ZASCA 168; 2007 (2) SA 118 (SCA); [2007] 1 BLLR 1 (SCA); (2007) 28 ILJ 307 (SCA) (28 September 2006)
The Supreme Court of Appeal held that shooting at a fleeing vehicle holding a hostage was wrongful and negligent, and that the labour-broker client was not the employee’s employer under the compensation statute.
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