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Administrative Law [2025] ZAFSHC 13

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024)

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024) [2025] ZAFSHC 13 (21 January 2025)

The court found that the SAPS did not fail in their constitutional mandate. The evidence showed that SAPS assisted the Sheriff in executing the court order, deployed a significant number of officers, and made arrests. The DA failed to provide clear evidence of inadequacy in SAPS intervention or irrationality in the decision to arrest only 24 individuals out of a much larger group. The SAPS acted within their discretion, balancing the need to maintain public order, protect lives, and treat unlawful occupiers with dignity. The responsibility for executing the eviction order lay primarily with t…

  • Execution Of Court Orders
  • Land Invasion
  • Police Constitutional Duties
  • Prevention Of Illegal Eviction Act
  • Trespass
  • Municipal Land Management
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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.