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South Africa Case Law

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Civil Procedure [2025] ZANCHC 12

McGalty v MEC: Department of Education and Another (2835/2017)

McGalty v MEC: Department of Education and Another (2835/2017) [2025] ZANCHC 12 (24 January 2025)

The High Court dismissed a damages claim arising from a settlement agreement, finding no proof that the department caused the plaintiff’s unemployment or SACE-related removal.

  • Breach Of Settlement Agreement
  • Unfair Dismissal
  • Damages For Loss Of Income
  • Educator Registration
  • Pleadings And Onus
  • Breach-of-settlement-agreement
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Land And Property [2019] ZASCA 149

Van Wyk v The MEC: Department of Local Government and Housing of the Gauteng Provincial Government and Others (1026/2018)

Van Wyk v The MEC: Department of Local Government and Housing of the Gauteng Provincial Government and Others (1026/2018) [2019] ZASCA 149 (21 November 2019)

The Supreme Court of Appeal held that the high court erred in dismissing the appellant's claim for transfer of the properties based on issues not properly raised in the pleadings. The respondent failed to plead or prove any defence regarding the vesting of the properties, and the appellant was not required to prove vesting as part of his cause of action. The Item 28(1) certificate confirming vesting in the Gauteng Provincial Government was valid and effective until set aside by a court, and the Acting Director-General acted within delegated powers. The sale agreements were enforceable, and th…

  • Transfer Of Immovable Property
  • Item 28 Certificate
  • Pleadings And Onus
  • Ultra Vires
  • Specific Performance
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Civil Procedure [2013] ZAECGHC 95

Jacobs v Minister of Safety and Security (CA 327/2012)

Jacobs v Minister of Safety and Security (CA 327/2012) [2013] ZAECGHC 95 (23 September 2013)

Appeal against dismissal of a damages claim for alleged wrongful arrest and detention after a robbery investigation; the High Court upheld the arrest and dismissed the appeal.

  • Wrongful Arrest
  • Unlawful Detention
  • Section 40 Criminal Procedure Act
  • Pleadings And Onus
  • Damages For Deprivation Of Liberty
  • Wrongful-arrest
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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.