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South Africa decisions
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National Director of Prosecutions v Mate (3898/2022) [2025] ZALMPPHC 123 (19 June 2025)
The High Court ordered forfeiture of a farm and movable assets used as a methamphetamine factory, finding the property an instrumentality of the offence.
Mantella Trading 522 CC t/a Designer Lighting v National Director of Public Prosecutions (CA104/2022) [2024] ZAECMKHC 104 (25 September 2024)
The appeal was restricted to the proportionality findings by the order granting leave to appeal. The court found that the amount paid to Mantella Trading 522 CC was proceeds of unlawful activities, and, applying the Constitutional Court's decision in Botha, held that the proportionality test does not apply to forfeiture of proceeds of crime where the appellant has no legally recognised interest in the property. The findings of the court a quo regarding unlawfulness and the nature of the property are binding, and the appeal on proportionality must fail. Mantella's attempt to argue issues outsi…
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National Director of Public Prosecutions v Kwetana (4034/2021) [2022] ZAECMKHC 35 (10 June 2022)
Forfeiture of a Toyota Quantum and trailer used to transport stolen sheep was refused because, although the property was an instrumentality, forfeiture was disproportionate.
De Beer and Another v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2021] ZAGPPHC 549 (19 February 2021)
The High Court dismissed most urgent COVID-19 challenges to disaster regulations, masks, and worship limits, and struck the contempt claim from the urgent roll.
S v Dlamini (CC9/2020) [2020] ZAGPPHC 685 (4 November 2020)
The High Court sentenced the accused to life imprisonment for the brutal murder of a 7-month-old baby and found no substantial and compelling circumstances.
Association of Mineworkers and Construction Union and Others v Anglogold Ashanti Limited t/a Anglogold Ashanti (JA43/2019) [2020] ZALAC 45; (2020) 41 ILJ 2763 (LAC) (1 September 2020)
The Labour Appeal Court dismissed as moot an appeal about secondary strike legality, holding there was no need to revisit settled law on s 66(2) of the LRA.
Minister of Cooperative Governance and Traditional Affairs v De Beer and Others (21542/2020) [2020] ZAGPPHC 280 (30 June 2020)
The High Court granted the Minister leave to appeal only on the blanket invalidity issue, but refused leave on the identified regulations and other grounds.
National Director of Public Prosecutions v Absolon (3373/2016) [2017] ZAECPEHC 58 (12 December 2017)
The High Court refused forfeiture of a truck used to remove sheep carcasses after an accident, finding the vehicle was incidental to the offence and forfeiture disproportionate.
Transnet SOC Ltd v SATAWU (J 2697/12) [2012] ZALCJHB 107; (2013) 34 ILJ 1281 (LC) (12 October 2012)
The Court found that the secondary strike notice issued by SATAWU did not fully comply with the collective agreement, as it failed to set out sufficient grounds for the reasonableness of the strike in relation to its effect on the primary employers. However, the Court declined to prohibit the strike solely on this basis, noting that the parties had imposed more stringent requirements than the Act but that the deficiency was not fatal. On the substantive requirements of section 66(2)(c), the Court held that the nature and extent of the proposed secondary strike would have a major and dispropor…
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South African Local Government Association v South African Municipal Workers Union (JA26/07) [2011] ZALAC 4; [2011] 7 BLLR 649 (LAC); (2011) 32 ILJ 1886 (LAC) (29 March 2011)
The Labour Appeal Court held that section 66(2)(c) of the Labour Relations Act imports a proportionality test, requiring the court to weigh the reasonableness of the nature and extent of the secondary strike against its possible direct or indirect effect on the business of the primary employer. The secondary strike in question was limited to one day and excluded essential services, thus minimizing harm to municipalities and the public. The court found that municipalities play a role in the activities of national and provincial government and provide operational and administrative services, es…
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