South Africa Case Law

Van Heerden and Another v National Director of Public Prosecutions and Others (145/2017)

Van Heerden and Another v National Director of Public Prosecutions and Others (145/2017) [2017] ZASCA 105; [2017] 4 All SA 322 (SCA); 2017 (2) SACR 696 (SCA) (11 September 2017)

Court

Supreme Court of Appeal

Case number

145/2017

Judges

Navsa, Bosielo, Lamont, Molemela, Fourie

The Supreme Court of Appeal found that the appellants' constitutional right to a trial to begin and conclude without unreasonable delay had been materially infringed. The delays were largely attributable to the State's lack of diligence, vacillation, and dishonest conduct in court, including misleading undertakings and failure to provide charge sheets or documentation. The prejudice suffered by the appellants was significant, including prolonged restraint of assets, financial hardship, and social stigma. The court held that the extraordinary remedy of a permanent stay of prosecution was justi…

Source excerpt

• Permanent Stay Of Prosecution
• Unreasonable Delay
• Restraint Order
• Prevention Of Organised Crime Act
• Constitutional Right To Fair Trial
• Release Of Assets

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014)

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014) [2014] ZAKZDHC 61 (17 December 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

11033/2014

Judge

Annanbale

The court held that SARS had security for unpaid duty and VAT, but no embargo preventing liquidators from taking possession and realising the imported equipment.

• Customs And Excise Liens
• Statutory Preference
• Liquidation Distribution
• Release Of Assets
• Ranking Of Creditors
• Customs-and-excise-liens