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South Africa decisions
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KM v Minister of Police and Others (1471/2025) [2025] ZANCHC 53 (13 June 2025)
An urgent application by a murder eyewitness for monetary relief and special protection failed; the court held witness protection is a statutory remedy outside SAPS control.
M.P.T.M and Another v Minister of Justice and Constitutional Development and Others (2025-018563) [2025] ZAGPJHC 325 (28 March 2025)
The court found that the applicants established a prima facie right to protection from harm and intimidation, based on credible evidence linking Lt. Col. Gafoor to repeated, serious threats. The respondents failed to cast serious doubt on this evidence, and the applicants' apprehension of harm was reasonable, especially given their impending eviction and vulnerability. The balance of convenience favoured granting interim relief, as the inconvenience to the Minister was minimal compared to the potential harm to the applicants. The court held that only an interdict could effectively restrain th…
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E.Sat (Pty) Limited and Others v Lucken N.O and Others (D7737/2022) [2024] ZAKZDHC 18; 2024 (2) SACR 377 (KZD) (3 May 2024)
The court found that the July 2023 ruling was an interlocutory order, issued to address the urgent need to protect witnesses following a shooting incident and to ensure the continuation of the criminal trial. The court held that it has the inherent power to vary or rescind its own interlocutory orders in the interests of justice. The restrictions imposed by the July ruling were limited to a specific thread of evidence and did not amount to a blanket ban on media access. The court determined that the right to freedom of expression and the open justice principle were not infringed, as accredite…
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S v Lenting and Others (CC08/2018) [2023] ZAWCHC 168; 2023 (2) SACR 409 (WCC) (24 July 2023)
The High Court granted witness-protection orders allowing an anxious, pregnant witness in a gang-related murder case to testify by CCTV in camera.
S v Sibiya and Others [2023] ZAGPPHC 378; CC 67/2020 (18 May 2023)
The court found that witness number one did not provide sufficient evidence to justify restricting both visual and audio broadcast of her testimony. While her concerns about safety and public scrutiny were acknowledged, she had already participated in public forums and social media, exposing her identity and voice. Previous witnesses were protected from visual broadcast but not audio, and the court saw no reason to treat witness number one differently. The court emphasized the principle of open justice and the public's right to access information, finding that the interests of justice and fai…
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Universal Coal Development IV (Pty) Ltd v Omega Risk Solutions (Pty) Ltd and Another (64256/2021) [2022] ZAGPPHC 797 (14 October 2022)
The High Court dismissed a review of an interlocutory arbitration award that required disclosure of unredacted documents, finding safeguards protected whistle-blower identities.
Public Protector v Minister of Police and Others (66073/2018) [2022] ZAGPPHC 343 (13 May 2022)
The High Court dismissed the Public Protector’s rescission application, finding no basis under Rules 32(1)(b) or 42(1)(a) or (c) of the Uniform Rules.
Videx Mining Production (Pty) Ltd v NUMSA obo Paulsen and Others (J1185/21) [2021] ZALCJHB 375 (19 October 2021)
The Labour Court reviewed and set aside an ambiguous arbitration ruling on in camera evidence, remitting the issue for fresh determination before a different commissioner.
Packham v S (CC50/2018) [2019] ZAWCHC 51 (27 February 2019)
The High Court refused leave to appeal against revocation of bail, finding no prospects of success where the applicant breached bail conditions by contacting a potential state witness.
S v Thomas en Ander (SS12/2010) [2011] ZAWCHC 534 (30 November 2011)
The Western Cape High Court refused an in camera hearing under section 153, but protected the identities of prior witnesses and barred publication of those details.
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