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South Africa Case Law

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Civil Procedure [2022] ZAFSHC 142

Sheffrk v MEC for Police, Road and Transport Free State Province (4603/2015)

Sheffrk v MEC for Police, Road and Transport Free State Province (4603/2015) [2022] ZAFSHC 142 (3 June 2022)

The High Court refused to admit discovered letters as hearsay on the merits of a civil trial, but allowed them as real evidence for the costs inquiry.

  • Admissibility Of Hearsay Evidence
  • Documentary Evidence
  • Opinion Evidence
  • Law Of Evidence Amendment Act
  • Costs In Civil Procedure
  • Admissibility-of-hearsay-evidence
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Labour Law [2018] ZALCJHB 349

National Education Health and Allied Workers Union (NEHAWU) v Minister of Health and Another (J 3321/18)

National Education Health and Allied Workers Union (NEHAWU) v Minister of Health and Another (J 3321/18) [2018] ZALCJHB 349 (31 October 2018)

Application to admit further affidavits dismissed because the relevant facts were available earlier, no exceptional circumstances were shown, and prejudice remained.

  • Admission Of Further Affidavits
  • Exceptional Circumstances
  • Prejudice
  • Hearsay Evidence
  • Opinion Evidence
  • Costs Order
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Labour Law [2018] ZALCJHB 320

National Education Health and Allied Workers Union (NEHAWU) v Minister of Health and Another (J3321/18)

National Education Health and Allied Workers Union (NEHAWU) v Minister of Health and Another (J3321/18) [2018] ZALCJHB 320 (2 October 2018)

The Labour Court struck out portions of an urgent NEHAWU affidavit for hearsay, left most opinion evidence intact, and found no new matter in reply.

  • Hearsay Evidence
  • Opinion Evidence
  • New Matter In Reply
  • Costs Order
  • Urgent Interdict
  • Hearsay-evidence
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Criminal Law [2011] ZASCA 214

S v S (423/11)

S v S (423/11) [2011] ZASCA 214 (29 November 2011)

The Supreme Court of Appeal set aside a rape conviction after finding inadmissible credibility opinion evidence, prejudice from refusal to recall witnesses, and serious trial irregularities.

  • Admissibility Of Evidence
  • Opinion Evidence
  • Recall Of Witness
  • Miscarriage Of Justice
  • Child Witness
  • Criminal Appeal Procedure
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Delict [2010] ZAWCHC 539

Jeffery v Road Accident Fund (1693/2008)

Jeffery v Road Accident Fund (1693/2008) [2010] ZAWCHC 539 (10 November 2010)

The High Court dismissed a widow’s loss-of-support claim, finding no negligence by the Road Accident Fund’s insured driver in a fatal collision.

  • Negligence
  • Motor Vehicle Collision
  • Loss Of Support
  • Expert Evidence
  • Opinion Evidence
  • Motor-vehicle-collision
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Civil Procedure [2010] ZAKZPHC 51

RMH Agencies CC t/a Midlands Mica Hardware v Pharazyn and Another (AR 169/10)

RMH Agencies CC t/a Midlands Mica Hardware v Pharazyn and Another (AR 169/10) [2010] ZAKZPHC 51 (2 September 2010)

Appeal dismissed after the court found the appellant had not proved delivery of goods not covered by signed delivery notes.

  • Proof Of Delivery
  • Burden Of Proof
  • Contractual Terms
  • Opinion Evidence
  • Proof-of-delivery
  • Burden-of-proof
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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.