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South Africa Case Law

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Delict [2024] ZAKZDHC 63

Singh v Caxton CTP Publishers and Printers and Another (D11759/2017)

Singh v Caxton CTP Publishers and Printers and Another (D11759/2017) [2024] ZAKZDHC 63; 2025 (2) SA 225 (KZD) (13 September 2024)

The High Court held that a newspaper report on the plaintiff’s arrest and bail for sexual assault was factual, balanced, and not defamatory.

  • Defamation
  • Publication Of Court Proceedings
  • Truth As Defence
  • Criminal Procedure Act Section 154
  • Press Freedom
  • Privacy And Dignity
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Criminal Law [2023] ZASCA 132

Zuma v Downer and Another (788/2023)

Zuma v Downer and Another (788/2023) [2023] ZASCA 132; [2023] 4 All SA 644 (SCA); 2024 (2) SA 356 (SCA); 2024 (1) SACR 589 (SCA) (13 October 2023)

The Supreme Court of Appeal found that the private prosecution initiated by Mr Zuma against Mr Downer and Ms Maughan was an abuse of process, instituted for ulterior purposes including delaying his criminal trial and removing Mr Downer as prosecutor. The charges were found to be unfounded and unsustainable, with no confidential information disclosed and no cognisable offence committed. The court held that permitting the private prosecution to continue pending appeal would perpetuate the abuse and cause irreparable harm to the respondents, including undermining press freedom and public confide…

  • Private Prosecution
  • Abuse Of Process
  • Suspension Of Order Pending Appeal
  • Irreparable Harm
  • Press Freedom
  • Punitive Costs
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Administrative Law [1989] ZASCA 158

Minister of Law and Order and Another v Argus Printing and Publishing Company Ltd. and Another (250/88)

Minister of Law and Order and Another v Argus Printing and Publishing Company Ltd. and Another (250/88) [1989] ZASCA 158 (28 November 1989)

The court held that the Commissioner was not empowered under reg 7(1)(b)(ii) or reg 7(1)(d) of the Security Regulations to issue an order controlling what may be published in newspapers, magazines, and other periodicals throughout the Republic. The phrase 'any particular area' in reg 7(1)(b)(ii) could not be interpreted to mean the whole of South Africa, and the general powers in reg 7(1)(d) did not extend to media control, especially in light of specific regulations dealing with such matters. Interpreting these provisions to allow the order would render the specific media regulations redunda…

  • Ultra Vires
  • Press Freedom
  • State Of Emergency
  • Statutory Interpretation
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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.