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Cited documents 3
Judgment
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Reported
Applicant lacked locus standi; tacit term, constitutional and equality defences rejected; eviction not granted absent required housing information.
Corporate authority and locus standi — delegation of litigation and property‑management powers; implied/tacit contractual terms — requirement of clear formulation and non‑contradiction with express terms; constitutional interpretation of contract enforcement — balancing public policy and private housing providers’ rights; PIE evictions — necessity of full information about occupiers and municipal report before just and equitable eviction order.
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Arresting officer lacked reasonable grounds and failed to exercise rational discretion; unlawful arrest and detention awarded R90,000.
Criminal Procedure Act s 40(1)(b) – arrest without warrant – requirement of objectively reasonable suspicion; jurisdictional facts from Duncan; reasonable suspicion must be based on specific, articulable facts; duty to verify complainant’s allegations where practicable; exercise of arresting discretion must be rational (Sekhoto); unlawful arrest and detention – quantum of damages – comparable authorities.
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Act
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Citizenship and Immigration
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International Law
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