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Case CCT 48/00
 

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  • ALIX JEAN CARMICHELE Applicant versus THE MINISTER OF SAFETY AND SECURITY
  • JUDGMENT: BACKGROUND
  • THE FACTS
  • THE APPLICANT'S CAUSE OF ACTION
  • THE TEST FOR AN ORDER OF ABSOLUTION FROM THE INSTANCE
  • THE ARGUMENT IN THIS COURT IN RELATION TO THE DUTY TO ACT
  • THE OBLIGATION TO DEVELOP THE COMMON LAW
  • THE DEVELOPMENT OF THE COMMON LAW UNDER SECTION 39(2)
  • SHOULD ABSOLUTION FROM THE INSTANCE HAVE BEEN GRANTED IN THE CIRCUMSTANCES OF THE PRESENT CASE?
  • THE CASE AGAINST THE PROSECUTORS
  • CAUSATION
  • WHAT SHOULD THIS COURT DO IN THESE CIRCUMSTANCES?
  • THE ORDER
  • END NOTE
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