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South Africa decisions
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Mphasa v Minister of Police (47242/2018) [2024] ZAGPPHC 1317 (18 December 2024)
The High Court held that the plaintiff’s arrest and detention were unlawful because police acted without reasonable grounds and without proper verification.
Commissioner for the South African Revenue Service (SARS) v Saleem (21/07) [2008] ZASCA 19; [2008] 3 All SA 104 (SCA); 2008 (3) SA 655 (SCA); 70 SATC 115 (27 March 2008)
The Supreme Court of Appeal held that the seizure of goods by SARS officials was lawful. The respondent and Mr Chen failed to produce any credible documentation or invoices to trace the goods to a legitimate importer, despite being given an opportunity to do so. Their conduct, including the provision of false VAT and tax numbers and inconsistent statements regarding ownership, further justified the officials' suspicion. The court found that the absence of documentation, coupled with the goods being marked as imported and the lack of any claim that they were locally manufactured, provided suff…
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