A reader refers Pollex to the Constitutional Court (“the Concourt”) judgment of AK v Minister of Police  ZACC 14 (CC), and 2023 (1) SACR 113 (CC). This is the case in which Ms AK claimed damages (Afrikaans: “skadevergoeding”) from the SAPS in Gqeberha (formerly Port Elizabeth), in that the SAPS failed to protect Ms AK from harm by not conducting a reasonably effective search to find her, or a reasonably effective investigation thereafter into the crimes committed against her.
Our reader then wants to know about “judicial notice” (Afrikaans: “geregtelike kennisname”).
This Concourt judgment of AK v Minister of Police was discussed in two parts in Servamus: August 2022 and September 2022 respectively, under the heading, “Did the police fail in their duty to find a victim of gender-based violence?”
The said judgment consists of three separate judgments, 111 pages and 287 paragraphs. The first judgment (which is the majority judgment) stretches from paragraphs  to  and was delivered by six of the presiding Concourt judges. The second judgment (which is the concurring judgment [Afrikaans: “instemmende uitspraak”]) stretches from paragraphs  to  and was delivered by two of the presiding Concourt judges. These two judges supra concurred with the majority judgment and are included in the six judges referred to supra.
This is only an extract of an article that is published in Servamus: September 2023. This article is available for purchase.]