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South Africa Case Law

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Delict [2023] ZAGPJHC 869

Sithole v Road Accident Fund (2021/4279)

Sithole v Road Accident Fund (2021/4279) [2023] ZAGPJHC 869 (28 July 2023)

The High Court refused the RAF’s postponement request and awarded the plaintiff damages, including R1.8 million for general damages, plus costs and an undertaking.

  • Road Accident Fund Act
  • Postponement Of Trial
  • Non Pecuniary Damages
  • Retrospectivity Of Legislation
  • Quantum Of Damages
  • Road-accident-fund
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Labour Law [2000] ZALC 42

Van Schalkwyk v Spoornet (D1110/99)

Van Schalkwyk v Spoornet (D1110/99) [2000] ZALC 42 (6 June 2000)

Labour Court refused condonation for a late referral, holding that the relevant LRA amendment operated retrospectively and that the applicant failed to explain the delay or show prospects of success.

  • Condonation
  • Late Referral
  • Retrospectivity Of Legislation
  • Automatic Unfair Dismissal
  • Labour-law
  • Late-referral
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Criminal Law [1999] ZASCA 101

National Director of Public Prosecutions of South Africa v Carolus and Others (162/99)

National Director of Public Prosecutions of South Africa v Carolus and Others (162/99) [1999] ZASCA 101; [2000] 1 All SA 302 (A); 2000 (1) SA 1127 (SCA) (1 December 1999)

The court held that Chapter 6 of the Prevention of Organised Crime Act is not retrospective and cannot be applied to pre-commencement conduct.

  • Prevention Of Organised Crime Act
  • Retrospectivity Of Legislation
  • Forfeiture Of Property
  • Presumption Against Retrospectivity
  • Retrospectivity-of-legislation
  • Forfeiture-of-property
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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.