National Prosecuting Authority v Taku and Others (2025/047062)
National Prosecuting Authority v Taku and Others (2025/047062) [2025] ZALCD 14 (10 April 2025)
The court found that urgency was justified due to the attachment of funds essential for witness protection and the prosecution of criminal cases. Applying the Plascon-Evans rule, the respondent's version was accepted in the absence of a replying affidavit. The review application was deemed withdrawn as the applicant failed to file the record within the prescribed period, and thus no review was pending. The writ could not be stayed pending a non-existent review application. The court held that the first respondent followed an incorrect procedure by seeking to enforce the reinstatement award th…
Source excerpt
- Enforcement Of Arbitration Award
- Urgency In Motion Proceedings
- State Liability Act
- Reinstatement And Back Pay
- Stay Of Execution