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South Africa decisions
Decisions matching the current search
M.H v Symes and Others (5822/2022) [2024] ZAGPJHC 279 (15 March 2024)
High Court review of a liquidation search warrant: the magistrate’s order stood, but opening safes exceeded the warrant and was unlawful.
MEC: Department of Police, Roads & Transport Free State Province v Viljoen and Others (4404/2021) [2022] ZAFSHC 198 (19 August 2022)
The court held that the applicant, as custodian of the impounded vehicle, had locus standi to bring the review application. The failure to join the National Prosecuting Authority was not fatal as the first respondent, who granted the original order, abided by the court's decision and was represented by the State Attorney. The central issue was the interpretation of section 99(2) of the Free State Public Transport Act. The court found that the term 'person concerned' is not defined in the Act and, applying principles of statutory interpretation, should be given its ordinary meaning. The lawful…
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Gebhardt N.O. and Another v Nicolaas Kotze Boerdery CC and Another In re: Nicolaas Kotze Boerdery CC v Gebhardt N.O. and Another (3049/2021) [2022] ZAFSHC 228 (27 July 2022)
The High Court dismissed a review of a magistrate’s interlocutory order, holding that the magistrate had not finally decided claims 2 and 3 and the matter should proceed.
Vorster Interior Products CC v Minister of Police and Others (3580 / 2021) [2021] ZAWCHC 170 (31 August 2021)
The High Court dismissed a review of a search-and-seizure warrant linked to alleged unlawful gambling, finding the warrant lawful and sufficiently clear.
S v Ledwaba (R180/2019) [2019] ZAFSHC 256 (14 November 2019)
On special review, the High Court set aside a magistrate’s order making the State pay wasted costs for delay, holding the relied-on provision was not yet in force.
M.W.M.G v Goosen and Another (4235/2017) [2017] ZAECGHC 114 (25 October 2017)
High Court review of a Children’s Court order over a child’s care and residence. The court set the ex parte order aside and made fresh orders based on best interests.
S v Solani (CA&R197/2017) [2017] ZAECGHC 85 (11 July 2017)
The High Court set aside a magistrate’s unclear order under the Criminal Procedure Act and remitted the matter for the proceedings to start de novo.
In the matter of Young (1801/15) [2015] ZAKZPHC 12; 2016 (1) SACR 399 (KZP) (3 March 2015)
High Court review of a magistrate’s referral under section 77(6) of the Criminal Procedure Act in a mental-health matter was set aside for procedural non-compliance.
S v Tlheme [2009] ZAFSHC 66 (4 June 2009)
On review, the High Court set aside an order activating the wrong suspended sentence because there was no proof that that sentence’s conditions were breached.
Melsetter (Edms) BPK v Ceylon and Others (LCC123R/07) [2007] ZALCC 24 (6 December 2007)
The Land Claims Court confirmed an eviction order, holding that the first respondent’s residence came only from employment and was not protected by ESTA.
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