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South Africa decisions
Decisions matching the current search
Ximba v Minister of Police and Another (5183/2022) [2025] ZAMPMHC 30 (11 June 2025)
The High Court held the police liable for unlawful arrest and injuries after the plaintiff was taken to an active robbery scene and shot during the incident.
Ndlhlovu v Head of Case Management Committee and Others (2024/00410) [2024] ZAGPJHC 919 (13 September 2024)
The court found that the applicant failed to provide sufficient evidence of harassment, intimidation, or unlawful discrimination by the respondents. The applicant's allegations regarding his classification as an immigrant and his parole status were not supported by documentary proof or affidavits confirming the unlawfulness of his detention or classification. The respondents' version, supported by official records and disciplinary findings, prevailed. The court ordered verification of the applicant's identity document and directed that, if confirmed as valid, his nationality be correctly refl…
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S v Kelly (CA & R 2/2023) [2023] ZANCHC 35 (14 April 2023)
The magistrate erroneously sentenced the accused for malicious damage to property on count 4, despite that charge having been withdrawn and the accused having been convicted for contravention of a harassment protection order. This constitutes a material error resulting in a failure of justice. The interests of justice require that the incorrect sentence be set aside and the matter remitted to the trial court for proper sentencing on the correct charge.
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Madikizela v Nkosi and Another (19408/2021) [2023] ZAGPJHC 322 (13 April 2023)
The court found that while the applicant's constitutional rights to dignity and privacy were implicated by the respondents' tweets, including defamatory statements and exposure of her personal information, she failed to establish the absence of an adequate alternative remedy. The Protection of Harassment Act 17 of 2011 provides victims of harassment, including cyberbullying, with effective remedies and protection. The applicant herself identified the Act as a possible remedy. The court concluded that the applicant did not satisfy all requirements for a final interdict, specifically the lack o…
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