South Africa Case Law

MTN (Pty) Ltd v Madzonga and Others (19139/14)

MTN (Pty) Ltd v Madzonga and Others (19139/14) [2023] ZAGPJHC 188; 2023 (5) SA 548 (GJ) (7 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19139/14

Judge

S D J Wilson

The court held that section 35(3)(j) of the Constitution entrenches the right against self-incrimination for accused persons, which includes the right not to be compelled to give self-incriminating evidence. The text of the Constitution is not restricted to testimonial utterances and, when interpreted generously and purposively, extends to the compelled disclosure of documents in civil proceedings where parallel criminal proceedings are pending. The absence of statutory limitation on this right in the context of civil discovery means that a party may validly object to discovery if the materia…

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• Self Incrimination
• Discovery Procedure
• Section 35 Rights
• Parallel Criminal Proceedings

Mzingeli and Others v Minister of Police (139/2015)

Mzingeli and Others v Minister of Police (139/2015) [2019] ZAECMHC 68 (12 November 2019)

Court

Eastern Cape High Court, Mthatha

Case number

139/2015

Judge

Zono

High Court damages judgment for three plaintiffs unlawfully detained for years after coerced confessions, awarding substantial general damages and costs.

• Unlawful Detention
• General Damages
• Constitutional Rights Violation
• Police Misconduct
• Assessment Of Quantum
• Section 35 Rights

Gumede v S (800/2015)

Gumede v S (800/2015) [2016] ZASCA 148; [2016] 4 All SA 692 (SCA); 2017 (1) SACR 253 (SCA) (30 September 2016)

Court

Supreme Court of Appeal

Case number

800/2015

Judges

Bosielo, Swain, Zondi, Mocumie, Dlodlo

The Supreme Court of Appeal found that the search and seizure at the appellant's home was unlawful, as there was sufficient time to obtain a warrant and no circumstances of urgency or emergency justified the failure to do so. The firearm and ammunition were obtained in violation of the appellant's right to privacy. Although the admission of real evidence (the firearm) did not necessarily render the trial unfair, the conduct of the police, including their misleading explanations and the coercive circumstances surrounding the pointing out and confession, amounted to flagrant violations of the a…

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• Admissibility Of Evidence
• Search And Seizure
• Right To Privacy
• Self Incrimination
• Section 35 Rights

Seoe and Another v Deputy Director of Public Prosecutions of the Free State (2648/2013)

Seoe and Another v Deputy Director of Public Prosecutions of the Free State (2648/2013) [2014] ZAFSHC 212 (27 November 2014)

Court

Free State High Court, Bloemfontein

Case number

2648/2013

Judge

N P Jaji

The High Court dismissed an application for a permanent stay of prosecution, holding that the applicants had not proved actual trial prejudice from delay.

• Permanent Stay Of Prosecution
• Trial Prejudice
• Unreasonable Delay
• Section 35 Rights
• Section 342a Criminal Procedure Act
• Costs In Constitutional Litigation

Coetzee v National Commissioner of Police and Others (70259/09)

Coetzee v National Commissioner of Police and Others (70259/09) [2010] ZAGPPHC 155; 2011 (1) SACR 132 (GNP) ; 2011 (2) SA 227 (GNP) (11 October 2010)

Court

North Gauteng High Court, Pretoria

Case number

70259/09

Judge

Roelof du Plessis

The court found that the applicant's arrest and detention were unlawful. The alleged offences were minor and did not justify the drastic measure of arrest, especially where less invasive means such as summons or written notice would have sufficed. The SAPS and Metro Police failed to consider the applicant's constitutional rights to liberty and dignity, and did not properly exercise their discretion regarding bail. The applicant was denied bail and not brought before a court within the prescribed period, in breach of section 35 of the Constitution. The interdict de libero homine exhibendo was…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Habeas Corpus
• Costs De Bonis Propriis
• Constitutional Damages
• Section 35 Rights

Legal Aid South Africa v S and Others (SS124/07)

Legal Aid South Africa v S and Others (SS124/07) [2010] ZAWCHC 17 (16 February 2010)

Court

Western Cape High Court, Cape Town

Case number

SS124/07

Judge

Yekiso

The High Court dismissed Legal Aid South Africa’s application for leave to appeal, holding it lacked locus standi because it was not a party, and finding no prospect of success.

• Legal Aid Entitlement
• Locus Standi
• Section 35 Rights
• Tax Evasion
• Value Added Tax Violation
• Locus-standi