The National Director of Public Prosecutions v Victor N.O. and Others

Applied to support the principle that where a version consists of bald or uncreditworthy denials, raises fictitious disputes of fact, is palpably implausible…

Court applies the test adumbrated in this case for dealing with disputed facts in application proceedings, accepting respondent's version if not far-fetched,…

Cited for the principle that all legislation must be interpreted in light of the Constitution and legitimate interpretive aids must be employed to avoid…

Considered for the principle that constitutional challenges should be explicit with due notice to all affected parties, but did not support the respondents'…

Cited to explain that forfeiture proceedings under POCA are proceedings in rem and are not conviction-based.

Court considers the presumption against retrospective application of legislation and protection of vested rights, but finds it inapplicable to section 23(1)(d)…

Applied for the principles that a jurisdictional challenge is appealable, and that common-law interim interdicts are generally open to variation or rescission…

Cited on the concept of legitimate expectation as understood in South African law since Traub.

Applied to confirm that property representing proceeds of crime includes an amount equivalent to a benefit received from corrupt conduct.

Cited for the recognition in s 173 of the Constitution of the inherent power of courts to protect and regulate their own process, and that a primary purpose of…

Court cites the principle that motion proceedings are about the resolution of legal issues based on common cause facts.

Cited regarding the appealability of the dismissal of the counter-application.

Cited for the principle that courts will avoid construing legislation into constitutional invalidity where possible.

Court applies the principle regarding establishing jurisdiction and interests of justice for granting leave to appeal.

Cited as authority for the principle that the dismissal of an exception is generally not appealable, with exceptions for jurisdictional matters.

Cited for the principle that a lack of discretion on the part of a court to forfeit property results in an arbitrary deprivation of property.

Cited for the principle that a statute does not have a retrospective effect merely because it looks to the past.

The court applied Mohamed's principles on when words may be read into a statute by necessary implication, finding no such necessity in this instance.

Cited to confirm that courts now derive their inherent power from the Constitution itself.

The Court cites Zuma for the principle that motion proceedings are about resolution of legal issues based on common cause facts and cannot be used to resolve…

Cited in support of the principle that legislation should be interpreted to conform with the Constitution where reasonably possible.

Court applies the principle concerning when a respondent's version on the papers may be rejected if bald, uncreditworthy, or untenable.

Cited for discussion of the maxim inclusio unius est exclusio alterius in statutory interpretation.

Cited for the principle that motion proceedings are all about the resolution of legal issues based on common cause facts and cannot be used to resolve factual…

The court applies principles relating to disputes of fact in motion proceedings.

Court considered whether the court a quo wrongly restricted its discretion by taking into account that the respondent was a representative litigant, but found…

The magistrate considered the applicability of the principle in Bonugli, which held that advocates were disqualified from conducting a prosecution where the…

Applied for the principle that the appropriate relief for constitutional invalidity is that which does least damage to the legislative purpose, and that…

Cited as one of the cases that has consistently followed Dhlumayo on the principles limiting appellate interference.

Applied for the proposition that both jurisdictional requirements must be present and for the flexible approach to appealability considering interests of…

Cited for the principle on motion proceedings regarding the rejection of versions on the papers.

Cited for the principle that the Court employs discretion based on the interests of justice to grant leave to appeal when a constitutional issue has been…

Cited for the principle that a court cannot ignore an Act of Parliament and resort to the common law or rely directly on the Constitution, and that inherent…

The court cited this case for the principle that a common-law interim interdict is generally open to variation if not rescission for sufficient cause.

The Court cited this judgment for the principle that courts should within the confines of fairness actively discourage preliminary litigation.

The court applied the legal test for motion proceedings from this case, adopting the Plascon-Evans rule that requires common cause facts for a final order to…

Cited to support that the interpretation of POCA raises a constitutional issue and for the proposition that the word 'shall' when used in legislation is not…

Cited as an example where this court applied the CPI to adjust amounts so as to deprive respondents of the full extent of the benefit they had received from…

Cited for the principle that whether proceedings are civil or criminal must be determined by reference to their purpose and context.

Cited at paragraph 26 to support the approach to resolving factual disputes in motion proceedings.

Cited for the principle that a judgment must be confined to the issues raised by the parties.

The Booysen matter which involved a review of Ms Jiba's decision to authorise charges, where she was found to have been untruthful in some aspects of her…

Cited for the principle that the primary purpose of forfeiture is not to punish offenders, but to remove the incentive for crime.

Cited at para 15 for the formulation of requirements for the legitimacy of an expectation.

Cited for the principles that motion proceedings are designed to resolve legal issues based on common cause facts and that affidavits constitute both the…

Cited to emphasise that the function of judicial officers is to determine the issues before them as set out by the parties in the pleadings.

Cited for the proposition that PAJA's definition must be construed consistently with section 33 of the Constitution to avoid constitutional invalidity.

Cited for the principle that motion proceedings resolve disputes on common cause facts and where facts are not common cause they cannot be resolved on…

Court applies principle of preferring constitutional interpretation.

Court applies the principle from Mohunram that proportionality enquiry determines whether forfeiture amounts to arbitrary deprivation of property under section…

Cited for the principle that a court should not read words into a statute to cure a lacuna unless there is proper evidence and pleadings to establish such a…

Cited for the principle that the parties define the nature of their dispute in pleadings or affidavits and the court adjudicates upon those issues.

Cited as a limited exception to the general rule on appealability.

Cited for the principle that an order is appealable if it has final jurisdictional effect.

The court cited this case to confirm that it is for the parties in their affidavits to set out and define the nature of their disputes, and for the court to…

Cited as an example where the Constitutional Court made specific provision for pending appeals in order to avoid creating a lacuna, contrasted with Smit where…