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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 181

Investec Bank Limited v Abada

Investec Bank Limited v Abada [2023] ZAGPPHC 181; 30528/2021 (23 March 2023)

Leave to appeal was dismissed in a High Court matter about whether a valid withdrawal of earlier proceedings barred fresh proceedings.

  • Withdrawal Of Application
  • Res Judicata
  • Special Executability
  • Proportionality Assessment
  • Onus Of Proof
  • Withdrawal-of-application
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Criminal Law [2011] ZAECGHC 41

National Director of Public Prosecutions v Mniki (CA 85/2011)

National Director of Public Prosecutions v Mniki (CA 85/2011) [2011] ZAECGHC 41 (25 August 2011)

The court found that the respondent's version of events was so implausible and unsupported by the evidence that it could be rejected without referral to oral evidence. The presence of poaching implements, animal carcasses, and the respondent's false identification established a direct causal link between the vehicle and illegal poaching activities. The proportionality assessment weighed the seriousness of the offence, the prevalence of poaching, and the respondent's personal circumstances. The court concluded that forfeiture of the vehicle was not disproportionate and was warranted under sect…

  • Forfeiture Of Property
  • Prevention Of Organised Crime Act
  • Motion Proceedings
  • Proportionality Assessment
  • Poaching
  • Credibility Of Affidavit Evidence
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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.