CCT05/10

[2010] ZACC 13

2010 (6) SA 1 (CC)

2010 (11) BCLR 1116 (CC)

Mogoeng J

24 August 2010

http://hdl.handle.net/20.500.12144/3603

Application for the confirmation of an order of constitutional invalidity made by Western Cape High Court, Cape Town in Malachi v Cape Dance Academy International (Pty) Ltd and Others 2010 (7) BCLR 678 (WCC).

Application for confirmation of an order of invalidity. The Court confirmed the finding of the High Court that section 30 of the Magistrates' Court Act, in so far as it allows for arrest tanquam suspectus de fuga, is unconstitutional as it unjustifiably infringes the right not to be deprived of freedom without just cause. Judgment: Mogoeng J (unanimous).