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South Africa decisions
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Kleinhans v Minister of Police and Others (22007/2021) [2021] ZAGPPHC 525 (17 August 2021)
The High Court ordered police and the NPA to complete investigations into theft complaints and comply with prosecutorial instructions, but refused punitive costs.
National Director of Public Prosecutions v Swarts (CA 164/2019) [2020] ZAECGHC 64 (17 June 2020)
Appeal dismissed in a wrongful-detention damages case after the court found prosecutorial failures contributed to the respondent’s continued custody before bail.
Links v Minister of Safety and Security and Another (2271/10) [2015] ZAECPEHC 18 (30 March 2015)
The court found that the plaintiff's arrest was lawful, as the police had reasonable grounds to suspect his involvement based on information from a co-accused and the presence of a firearm and stolen items at his residence. However, the court held that the plaintiff's continued detention for more than two months was unjustified. The police and prosecution failed to arrange an identity parade and withdraw charges timeously, despite clear indications from the complainants' statements that only two perpetrators were involved and the plaintiff was not identified. The delay in investigation and fa…
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