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South Africa Case Law

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Land And Property [2020] ZAECGHC 59

Amathole District Municipality v Kepe Lodge CC (459/2019)

Amathole District Municipality v Kepe Lodge CC (459/2019) [2020] ZAECGHC 59 (9 June 2020)

The High Court dismissed a municipality’s bid to recover movable assets from its lessor, finding disputable facts and a magistrates’ court attachment order.

  • Lease Agreement
  • Unlawful Detention Of Property
  • Attachment Of Assets
  • Municipal Structures Act
  • Lease-agreement
  • Motion-proceedings
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Administrative Law [2011] ZAECMHC 27

Maqhunyana v Minister of Safety & Security and Others (2265/2009)

Maqhunyana v Minister of Safety & Security and Others (2265/2009) [2011] ZAECMHC 27; 2012 (1) SACR 630 (ECM) (27 January 2011)

The court dismissed an application to declare a police roadblock authorization, vehicle seizure, and continued detention unlawful, finding no factual basis to set aside the authorization.

  • Search And Seizure
  • Roadblock Authorisation
  • Jurisdictional Facts
  • Unlawful Detention Of Property
  • Police Powers
  • Search-and-seizure
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Administrative Law [2009] ZAECMHC 22

Madlavu v Minister of Safety and Security and Others (1273/08)

Madlavu v Minister of Safety and Security and Others (1273/08) [2009] ZAECMHC 22; 2010 (1) SACR 486 (ECM) (1 December 2009)

The High Court held that a police roadblock authorisation was too vague, invalidated the certificate, and ordered the applicant’s vehicle released.

  • Mandament Van Spolie
  • Search And Seizure
  • Validity Of Authorisation Certificate
  • Roadblock Authorisation
  • Unlawful Detention Of Property
  • Mandament-van-spolie
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Civil Procedure [2008] ZAECHC 38

Nonaye v Minister of Safety and Security and Others (1647/2007)

Nonaye v Minister of Safety and Security and Others (1647/2007) [2008] ZAECHC 38 (9 May 2008)

The court set aside a search warrant, held the seizure of a Toyota Hilux unlawful, and ordered the vehicle returned to the applicant.

  • Search And Seizure
  • Invalid Search Warrant
  • Unlawful Detention Of Property
  • Constitutional Property Rights
  • Search-and-seizure
  • Invalid-search-warrant
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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.