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South Africa decisions
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Radebe v Minister of Police and Another (4843/2021) [2024] ZAGPPHC 225 (11 March 2024)
The High Court dismissed an application for leave to appeal in an unlawful-arrest matter, finding no reasonable prospects of success and awarding costs.
Moos v Makgoba (A238/2019) [2022] ZAGPPHC 359 (25 May 2022)
The court held that the appellant failed to establish harassment as defined by the Protection from Harassment Act. The test for harm is objective, not subjective, and the appellant's evidence did not demonstrate that the respondent's conduct caused harm or inspired a reasonable belief of harm. The alleged conduct, such as placing a bucket under the tap and blocking entrances, may have upset the appellant but did not meet the threshold for harm required by the Act. The court emphasized that legislation must be applied equally and objectively, and a subjective interpretation would undermine the…
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Folami v Commission For Conciliation, Mediation and Arbitration and Others (C268/2009) [2010] ZALCCT 44 (12 March 2010)
The Labour Court dismissed a review of a CCMA jurisdictional ruling, finding the applicant was not shown to be an employee under the LRA or BCEA.
S v Yende (274/85) [1987] ZASCA 43 (12 May 1987)
The court held that the appellant’s statement was a confession on an objective reading, making it inadmissible because it was made to a police officer.
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