Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ndiyalwa v Minister of Police (EL1605/21) [2023] ZAECELLC 16 (18 July 2023)
The High Court held that the plaintiff’s arrest and detention were lawful because police had a reasonable suspicion based on credible identification evidence.
Latakgomo v Minister of Safety And Security (A861/2014) [2016] ZAGPPHC 765 (30 August 2016)
The court found that Constable Moodley did not have a reasonable suspicion to arrest the appellant for theft. The suspicion was based solely on the store manager's speculative report and inadmissible video footage, without any corroborative investigation. The appellant produced valid proof of payment, which was ignored by the arresting officer. The respondent failed to discharge the onus to prove the lawfulness of the arrest and detention. The court held that the arrest was unnecessary and violated the appellant's constitutional rights. The appeal was upheld, and the appellant was entitled to…
Source excerpt
Malema and Another v Chairman of the National Council of Provinces and Another (12189/2014) [2015] ZAWCHC 39; 2015 (4) SA 145 (WCC); [2015] 2 All SA 728 (WCC) (15 April 2015)
The court held that the Speaker materially misconstrued the reach of the standing order by interpreting the applicant's statements as imputing improper motives and accusing individual Members of Parliament of murder. The Speaker's expansive interpretation of 'government' was unwarranted in the context and unduly restricted robust parliamentary debate. The Speaker's partial reliance on the sub judice rule regarding the commission of inquiry was invalid. The Speaker's rulings were irrational and unlawful as they unjustifiably limited the constitutional right to freedom of speech in Parliament.…
Source excerpt
Ramashilabele v Ngaka Modiri Molema District Municipality and Another (1220/13) [2014] ZANWHC 1 (16 January 2014)
The court found that the removal of the applicant as Speaker was lawful. The Municipal Manager was entitled to convene the meeting of 17 July 2013 after the Speaker unreasonably refused to do so, as established by persuasive authority and the statutory framework. The eight councillors purportedly replaced by the Local Municipalities were not validly replaced, as the necessary resolutions, notifications, and IEC declarations were not completed. Therefore, the quorum was validly constituted. The procedure for the election and appointment of the new Speaker complied with the requirements of the…
Source excerpt
Khanyile v Minister of Police (33478/11) [2013] ZAGPJHC 234 (5 August 2013)
The court found that the defendant failed to justify the arrest and detention of the plaintiff. There was no evidence that the plaintiff was charged or brought before a magistrate, and the police did not provide a charge sheet, photographs, or corroborating witnesses. The arrest was not effected with the intention to bring the plaintiff to justice, but rather to punish him, contrary to statutory and standing order requirements. The plaintiff's constitutional rights under section 12 of the Constitution were violated. The court held that the arrest and detention were unlawful and awarded damage…
Source excerpt
Lekota and Another v Speaker, National Assembly and Another (14641/12) [2012] ZAWCHC 385; 2015 (4) SA 133 (WCC) (11 December 2012)
The court held that the Speaker acted within her lawful authority and discretion in ruling that the applicant's remarks regarding the President were out of order, as such remarks constituted a serious reflection on the President's integrity and could only be made by way of a substantive motion in terms of the standing order. The Speaker's decision was not arbitrary or irrational, and the sanction imposed for the applicant's refusal to withdraw the remarks was justified and consistent with parliamentary practice. The Promotion of Administrative Justice Act did not apply, as the rulings concern…
Source excerpt
Myers v National Commissioner of the South African Police Services and Others (425/2012) [2012] ZASCA 185; (2013) 34 ILJ 1729 (SCA) (29 November 2012)
The Supreme Court of Appeal held that while the appellant was correctly found guilty of misconduct for breaching SAPS regulations by issuing a media statement without authorisation, the sanction of dismissal was not reasonable in the circumstances. The court found that the arbitrator and the Labour Appeal Court majority failed to properly consider mitigating factors, including the appellant's long and unblemished service, the absence of evidence of a breakdown in the employment relationship, and the exclusion of the appellant from addressing the issue that was the focus of public concern. The…
Source excerpt
Koker v Minister of Safety and Security (5676/2007) [2010] ZAKZDHC 31; 2010 (2) SACR 595 (KZD) (13 August 2010)
The High Court held the police acted unlawfully when they pursued, arrested and detained a motorist who honestly believed he was being hijacked.
Explore more
