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South Africa decisions
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Moses and Another v Director of Public Prosecutions (3518/2023) [2024] ZAFSHC 120 (29 April 2024)
The High Court dismissed an application for a permanent stay of prosecution, finding the delay and missing material did not justify ending the criminal case.
Group Five Ltd v Competition Commission (139/CAC/Feb16) [2016] ZACAC 1; [2016] 2 CPLR 389 (CAC) (23 June 2016)
The Competition Appeal Court held that Commission rule 15(1) grants a general right of access to Commission records to any person, including litigants, and is not limited by the procedural stage of litigation. The Tribunal erred in deferring Group Five's right of access until post-pleading discovery. The right to access is distinct from discovery and is not affected by the status of the requester. However, Group Five was not entitled to production under High Court rules 35(12) and (14) because the referral affidavit did not mention specific documents and Group Five did not demonstrate reasona…
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Imperial Crown Trading 289 (Pty) Ltd v Birch NO and Others (1338/2011) [2012] ZANCHC 12 (11 May 2012)
The High Court set aside the overbroad parts of a search warrant, upheld the rest, and ordered preservation of downloaded data and return of certain seized items.
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