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South Africa Case Law

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Civil Procedure [2009] ZAWCHC 106

Mahon v Mahon and Others (14918/2008)

Mahon v Mahon and Others (14918/2008) [2009] ZAWCHC 106 (29 July 2009)

The court held that the right to execute a provisional sentence derives from the common law and is not precluded by Rule 8 or Rule 45. The history and practice of provisional sentence in South African law support the immediate execution of provisional sentence upon the provision of adequate security de restituendo. The applicant's argument that execution must wait until the provisional sentence becomes a final judgment is inconsistent with both the theory and practice of provisional sentence. The constitutional challenge based on section 34 was rejected, as the procedure is an extraordinary r…

  • Provisional Sentence
  • Writ Of Execution
  • Security De Restituendo
  • Section 34 Right To Fair Hearing
  • Reading Down
  • Avoidance Principle
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Constitutional Law [1998] ZACC 10

Mistry v Interim National Medical and Dental Council and Others (CCT13/97)

Mistry v Interim National Medical and Dental Council and Others (CCT13/97) [1998] ZACC 10; 1998 (4) SA 1127; 1998 (7) BCLR 880 (29 May 1998)

Section 28(1) of the Medicines and Related Substances Control Act 101 of 1965 authorises inspectors to enter, search, and seize items from any premises, place, vehicle, vessel, or aircraft where medicines are present or suspected, without a warrant or meaningful limitation. The Constitutional Court found that this provision is overbroad and permits disproportionate invasions of personal privacy, including entry into private homes and inspection of intimate documents, without adequate safeguards or prior independent authorisation. The Court held that such a sweeping power fails the proportiona…

  • Right To Privacy
  • Search And Seizure
  • Proportionality
  • Reading Down
  • Statutory Interpretation
  • Retrospective Invalidity
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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.