n Annual Survey of South African Law - Bill of Rights jurisprudence
|Article Title||Bill of Rights jurisprudence|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Author||Glenn Penfold and Max Du Plessis|
|Publication Date||Jan 2008|
|Pages||62 - 111|
As discussed below under Freedom and Security of the Person, in Bid Industrial Holdings (Pty) Ltd v Strang & another (Minister of Justice and Constitutional Development, Third Party) 2008 (3) SA 355 (SCA), the Supreme Court of Appeal held that the common-law rule allowing the arrest of a defendant in order to found or confirm jurisdiction is unconstitutional. The appeal court exercised its broad power to develop the common law in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 to abolish the practice of jurisdictional arrest and to adopt what Howie P referred to as 'a legally acceptable substitute practice' (para ). This practice is that where attachment of property is not possible, a High Court has jurisdiction if the summons is served on the defendant while in South Africa and 'there is sufficient connection between the suit and the area of jurisdiction of the court concerned so that disposal of the case by that court is appropriate and convenient' (para ).
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