- Flynote
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Malicious prosecution – elements of the cause of action – onus –
decision to prosecute taken by the office of the National Director of Public Prosecutions – whether police official set the law in motion by instigating the prosecution – whether police officials had reasonable and probable cause.
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Cited documents 7
Judgment 6
- Minister of Justice and Constitutional Development and Others v Moleko (131/2007) [2008] ZASCA 43 (31 March 2008)
- Minister of Safety and Security NO and Another v Schubach (437/2013) [2014] ZASCA 216 (1 December 2014)
- Minister van Polisie v Van der Vyver (861/2011) [2013] ZASCA 39 (28 March 2013)
- National Director of Public Prosecutions v Zuma (573/2008) [2009] ZASCA 1 (12 January 2009)
- Relyant Trading (Pty) Ltd v Shongwe and Another (472/2005) [2006] ZASCA 162 (26 September 2006)
- V W v Minister of Police (92/2012) [2014] ZASCA 108 (11 September 2014)