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History of this document
01 December 2021 amendment not yet applied
Amended by
Cybercrimes Act, 2020
31 January 2015 amendment not yet applied
18 January 2013 amendment not yet applied
14 September 2012 amendment not yet applied
01 April 2012 amendment not yet applied
01 December 2011 amendment not yet applied
20 February 2009 amendment not yet applied
28 November 2002 amendment not yet applied
01 July 1999 amendment not yet applied
Amended by
Public Service Laws Amendment Act, 1997
05 February 1999 amendment not yet applied
03 October 1997 amendment not yet applied
15 October 1995
Commenced by
South African Police Service Act, 1995: Commencement
04 October 1995 this version
28 September 1995
Assented to
Cited documents 0
Documents citing this one 665
Gazette
447Judgment
151|
Reported
A contractual 90‑day time‑bar is tested against public policy informed by the Constitution; on these facts it was enforceable.
* Constitutional law – contracts – time‑limitation (vexata) clauses in standard form insurance policies – whether clause barring suit unless summons served within 90 days of repudiation offends public policy and right of access to courts (s 34).
* Constitutional horizontality – proper approach is to test contractual terms against public policy informed by constitutional values (indirect application) and develop common law accordingly.
* Test: Mohlomi standard – clause must afford an adequate and fair opportunity to seek judicial redress; assess objective unreasonableness and, if not manifest, whether enforcement would be unfair in light of reasons for non‑compliance.
* Consumer/standard‑form concerns – small print, unilateral clauses, and relative bargaining power relevant to fairness/enforceability.
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Reported
An unlawful arrest can attract liability for subsequent court‑ordered remand where the arrestor foresaw the predictable detention.
Delict — unlawful arrest and detention — factual and legal causation — novus actus interveniens — constitutionally‑infused public policy — foreseeability and subjective knowledge of arresting officer — remand at first appearance not automatically severs liability.
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Reported
Court requires constitutional development of common law duties for police/prosecutors; absolution set aside and trial ordered.
Constitutional law – development of the common law under s 39(2) – delict – omissions by state officials – police and prosecutors’ duty to protect – wrongfulness assessed by foreseeability, proximity and proportionality within constitutional values – no blanket public authority immunity.
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Reported
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Reported
Prospects of success are relevant to 'good cause' for condoning late statutory notice against an organ of state.
Prescription; Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 s 3(1)-(4) — condonation for failure to give statutory notice — meaning of 'good cause' and relevance of prospects on the merits — distinction between delay causing failure and subsequent delay — 'unreasonable prejudice' as separate requirement.
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Reported
Respondent vicariously liable where on‑duty uniformed policemen abused trust and committed rape closely connected to their employment.
Constitutional law; vicarious liability — Rabie test (subjective and objective limbs); development of common law under s39(2); mixed questions of law and fact; police duties, trust and close connection — employer liability for on‑duty officers' sexual assaults.
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Reported
Criminalisation of consensual private male sodomy breaches equality, dignity and privacy; related statutes invalidated.
Constitutional law — Equality (sexual orientation) — Criminalisation of consensual private male sodomy violates equality, dignity and privacy; s20A Sexual Offences Act and statutory listings invalid; limited retrospective relief and judicial discretion for statutory consequences.
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Reported
Biowatch protection against adverse costs applies, but belated urgent proceedings imposing undue hardship can justify a costs order.
Constitutional litigation — costs — application of Biowatch principle to procedural/ancillary matters — abuse of process, vexatious or manifestly inappropriate proceedings — judicial discretion in awarding costs.
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Reported
Whether the applicant remained the respondent's employee while seconded to ISS and entitled to unpaid salary.
Employment law — Secondment and employer identity — Seconded employee may remain employed by original employer despite operational control by host — Control/supervision not determinative. Basic Conditions of Employment Act s32 — statutory right to timely payment of remuneration — gives effect to constitutional right to fair labour practices (s23) — constitutional jurisdiction. Contract interpretation — conditional takeover (clause 2.4) required appointment by ISS Board (clause 2.5) and could not operate automatically. Section 197 LRA — no proved transfer of business as going concern.
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Reported
State’s failure to enable enforcement of an eviction order breached rule-of-law duties; compensation ordered to the landowner.
Constitutional law — Rule of law and section 34 — State obligation to provide mechanisms to render court eviction orders effective — Failure may warrant constitutional relief; Evictions — PIE Act context — Owner’s duty and state’s responsibilities; Remedy — Constitutional damages/compensation and relation to Expropriation Act; Horizontal application of section 25 and section 26 claims left undecided.
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By-law
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