Tag: constitution 179

Malicious prosecution considered: Reasonable and probable cause

by GilesFiles | Feb 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, Evidence & onus, F Kathree-Setiloane, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Selected judges, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

MGL v Justice and Constitutional Development and Correctional Service Was there reasonable and probable cause for instituting malicious prosecution and principles considered? “[95] On an assessment of the totality of the...

Constitutional matter considered: Jurisdiction lacking

by GilesFiles | Jun 27, 2019 | 2019, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Jurisdiction & powers, Legal Practice, Parties, Sectors, Topics | 0 |

GCB of SA v Jiba and Others Constitutional matter considered and decided that the appeal could not be heard because the GCB failed to establish that the matter fell within the jurisdiction of the highest court. “As...