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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 181

W.S.L and Another v The Minister of Police and Others (6467-2020)

W.S.L and Another v The Minister of Police and Others (6467-2020) [2024] ZAGPJHC 181; 2024 (1) SACR 546 (GJ) (19 February 2024)

Court
South Gauteng High Court, Johannesburg
Case number
6467/2020
Judge
P A Van Niekerk

The court found that the arrests and detention of the Plaintiffs were unlawful. Although the arresting officer was obliged to execute the warrants, he retained discretion regarding the manner, date, and time of the arrests. The officer failed to consider less restrictive means to secure the Plaintiffs' attendance at court and acted arbitrarily by effecting the arrests early on a Saturday morning, resulting in unnecessary and traumatic detention over the weekend. There was no evidence of urgency or flight risk, and the sole reason advanced for the timing was the officer's workload, which is no…

Source excerpt

  • Unlawful Arrest
  • Detention
  • Bill Of Rights Limitation
  • Damages
  • Public Power Abuse
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Administrative Law [2023] ZAGPPHC 369

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another [2023] ZAGPPHC 369; 2023-032601 (18 May 2023)

Court
North Gauteng High Court, Pretoria
Case number
2023-032601
Judge
Nyathi

The court found that the MEC's decision to dissolve the board and terminate the applicants' directorships was procedurally and substantively flawed. The MEC failed to obtain a shareholder's resolution as required by section 71 of the Companies Act, did not provide adequate opportunity for the applicants to make representations, and ignored the dispute resolution mechanism in the shareholder compact. The reasons advanced by the MEC for the dissolution were vague, inconsistent, and suggestive of ulterior motives, particularly the desire to appoint a predetermined candidate as CEO. The court dis…

Source excerpt

  • Board Dissolution
  • Ulterior Motive
  • Interim Interdict
  • Corporate Governance
  • Removal Of Directors
  • Public Power Abuse
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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.