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South Africa Case Law

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Criminal Law [2024] ZAGPJHC 875

P.M and Others v S (A59/2024)

P.M and Others v S (A59/2024) [2024] ZAGPJHC 875 (9 September 2024)

Court
South Gauteng High Court, Johannesburg
Case number
A59/2024
Judge
M V Noko

The court held that the appellants failed to demonstrate exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The impact of detention on health and education, while relevant, did not rise to the level of exceptional circumstances in this case, especially as the state provides services and any shortcomings should be addressed through administrative channels rather than bail. The seriousness of the charges and the legislative framework governing bail for schedule 6 offences justified continued detention. The court found no error in the reasoning or discretio…

Source excerpt

  • Bail Application
  • Exceptional Circumstances
  • Children In Conflict With Law
  • Right To Education
  • Right To Health
  • Presumption Of Innocence
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Commercial And Corporate [2021] ZASCA 167

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020)

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020) [2021] ZASCA 167; [2022] 1 All SA 297 (SCA) (3 December 2021)

Court
Supreme Court of Appeal
Case number
644/2020
Judges
Petse, Mathopo, Makgoka, Plasket, Kgoele

The majority held that the Clicks Group's corporate structure does not contravene regulation 6(d) of the Regulations relating to Ownership and Licensing of Pharmacies. The court found that the concept of 'beneficial interest' does not extend to shareholders in the context of South African law, as company assets are distinct from shareholder interests. The Director-General and Appeal Committee acted lawfully in dismissing the complaint, as the jurisdictional requirements for revocation of licences were not met and no evidence was adduced of actual conflict of interest or harm to patients. The…

Source excerpt

  • Pharmacy Licensing
  • Beneficial Interest
  • Corporate Structure
  • Regulation Interpretation
  • Right To Health
  • Conflict Of Interest
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Administrative Law [2015] ZANWHC 17

Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013)

Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013) [2015] ZANWHC 17 (18 June 2015)

Court
North West High Court, Mafikeng
Case number
1116/2013
Judges
A M Kgoele, Samkelo Gura

The court found that there are no reasonable prospects of success for an appeal against the review court's dismissal of the application to set aside the Minister's decision to extradite the applicants. The Botswana High Court's Tapela judgment ensures that non-citizen inmates, including the applicants, will receive necessary HIV treatment, addressing the health concerns raised. The Minister's decision was not tainted by incorrect information, as he relied on multiple sources and constitutional principles. The risk of corporal punishment was adequately considered, and the likely sentence for t…

Source excerpt

  • Extradition
  • Right To Health
  • Corporal Punishment
  • Review Of Administrative Action
  • Hiv Discrimination
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.