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South Africa Case Law

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Civil Procedure [2017] ZAGPJHC 45

Lotz v Aerts and Another (A3061/2016)

Lotz v Aerts and Another (A3061/2016) [2017] ZAGPJHC 45 (17 February 2017)

The High Court struck an appeal from the roll because the appellant failed to provide a proper record to challenge a punitive costs order.

  • Costs Orders
  • Punitive Costs
  • Record On Appeal
  • Discretion Of Court
  • Civil-procedure
  • Costs-orders
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Criminal Law [2013] ZASCA 96

Sengama v S (306/13)

Sengama v S (306/13) [2013] ZASCA 96; 2013 (2) SACR 377 (SCA) (23 August 2013)

The SCA dismissed Sengama’s petition for leave to appeal and clarified that the amended section 316(10)(c) generally removes the automatic need to file the record.

  • Leave To Appeal
  • Criminal Procedure Act
  • Amendment Of Statute
  • Record On Appeal
  • Criminal-procedure-act
  • Leave-to-appeal
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Criminal Law [2010] ZANCHC 2

Van Rooyen v S (CA&R 89/09)

Van Rooyen v S (CA&R 89/09) [2010] ZANCHC 2 (12 February 2010)

The court held that a reconstructed record was adequate for appeal, but the State failed to prove the breathalyzer results were reliable. The conviction was set aside.

  • Driving Under Influence
  • Breathalyzer Evidence
  • Burden Of Proof
  • Record On Appeal
  • Breathalyzer-evidence
  • Driving-under-influence
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Administrative Law [2008] ZAWCHC 73

Emergency Medical Supplies & Training CC v Health Professions Council of South Africa and Another (A15/2007)

Emergency Medical Supplies & Training CC v Health Professions Council of South Africa and Another (A15/2007) [2008] ZAWCHC 73 (12 December 2008)

The court held that the appeal under section 20 of the Health Professions Act, in circumstances where the decision was taken in the absence of the appellant and no formal record exists, is a wide appeal. The court is not restricted to the information before the decision-maker and may consider additional evidence. The notice of appeal was delivered within the statutory period, as the relevant date is when the decision was communicated to the appellant, not when it was made. The appellant prosecuted the appeal within a reasonable time, given the practical difficulties encountered. The responden…

  • Statutory Appeal Rights
  • Record On Appeal
  • Procedural Timeliness
  • Uniform Rules Of Court
  • Accreditation Withdrawal
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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.