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South Africa Case Law

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Criminal Law [2019] ZAFSHC 247

Cloete and Others v S (A106/2019)

Cloete and Others v S (A106/2019) [2019] ZAFSHC 247; 2020 (1) SACR 317 (FB) (19 December 2019)

Court
Free State High Court, Bloemfontein
Case number
A106/2019
Judges
Mhlambi, Murray

The court found that the appellants were faced with an emergency situation where the survival of the cubs was at stake and statutory compliance was objectively impossible due to the cubs' age and health. The evidence established that permits could not be obtained because microchipping was required, but not feasible for newborn cubs. The defence of impossibility was accepted regarding the permit requirements. The court further held that the defence of necessity applied, as the appellants acted to protect the lives of the cubs, which outweighed the interest in strict statutory compliance. The e…

Source excerpt

  • Necessity Defence
  • Impossibility Defence
  • Protected Species Permit
  • Failure To Report
  • Animal Welfare
  • Statutory Compliance
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Civil Procedure [2016] ZANWHC 4

Stoltz v Minister: South African Police N.O. and Others (M320/15)

Stoltz v Minister: South African Police N.O. and Others (M320/15) [2016] ZANWHC 4 (11 February 2016)

Court
North West High Court, Mafikeng
Case number
M320/15
Judge
A A Landman

The court found that while there were reasonable grounds for believing the cheetah cub was on the applicant's farm, the respondents failed to establish on objective grounds that the applicant did not have a valid permit for the cub. The police's belief was not supported by sufficient factual basis. The Supreme Court of Appeal's previous position allowing post hoc justification for seizure was overruled by the Constitutional Court, which held that restoration of possession is required before any enquiry into lawfulness. The seizure of certain firearms was lawful due to reasonable suspicion tha…

Source excerpt

  • Mandament Van Spolie
  • Search And Seizure
  • Protected Species Permit
  • Firearms Control
  • Unlawful Possession
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.