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High Court of South Africa Free State, Bloemfontein

The Free State Division of the High Court of South Africa (previously named the Orange Free State Provincial Division and the Free State High Court, and commonly known as the Bloemfontein High Court is a superior court of law with general jurisdiction over the Free state province of South Africa. The division sits at  Bloemfontein.

3 judgments
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3 judgments
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December 2021
B G K v Minister of Home Affairs (575/2019) [2021] ZAFSHC 2 (8 December 2021)
Plaintiff failed to prove unlawful arrest; detention by police lawful and claim dismissed.
Immigration law – arrest and detention – vicarious liability – credibility and probabilities – section 34(1)(c) Immigration Act inapplicable where detention not for deportation – verification delays over weekend not unlawful.
 8 December 2021
Tlhole v Tlhole (603/2009) [2021] ZAFSHC 1 (6 December 2021)
The applicant failed to show reasonable prospects of success; leave to appeal against variation of the divorce order was refused.
Civil procedure – Leave to appeal – Superior Courts Act 10 of 2013 s17(1) – applicant must show appeal would have a reasonable prospect of success or other compelling reason; threshold higher than prior test. Family law – Variation/amendment of divorce order – dissolution of joint estate and allocation of pension, movable and immovable property. Points in limine – requirements for success and review of court a quo’s handling of preliminary points.
 6 December 2021
November 2021
S v Mbonjeni (R 85/2021) [2021] ZAFSHC 1 (12 November 2021)
Section 112(2) plea lacking factual foundation requires conviction set aside and matter remitted for s113(1) compliance.
Criminal Procedure Act s112(2) – guilty plea must include admissions and underlying facts establishing essential elements; s113(1) – correction of plea; culpable homicide (motor vehicle) – insufficient factual basis; special review s304(4).
 12 November 2021