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South Africa Case Law

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Criminal Law [2023] ZAGPPHC 475

S v Chukwumeka

S v Chukwumeka [2023] ZAGPPHC 475; A10/2023 (15 June 2023)

Court
North Gauteng High Court, Pretoria
Case number
A10/2023
Judge
Mosopa

The court held that the applicant, an illegal foreign national, failed to discharge the onus of proving that the interests of justice permit his release on bail. The addresses provided by the applicant were not satisfactorily verified, making enforcement of bail conditions impractical. The applicant's status as an illegal foreigner, while not a bar to bail, was relevant to the risk of absconding. The State's case was strong, with direct evidence linking the applicant to the offences, and the seriousness of the charges increased the risk of evasion. The applicant did not present new facts in h…

Source excerpt

  • Bail Application
  • Illegal Foreigner
  • Schedule 5 Offence
  • Address Verification
  • Onus Of Proof
  • Promotion Of Administrative Justice Act
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Constitutional Law [2016] ZAEC 1

Mhlophe and Others v Independent Electoral Commission of South Africa and Others (001/2016 EC)

Mhlophe and Others v Independent Electoral Commission of South Africa and Others (001/2016 EC) [2016] ZAEC 1 (10 March 2016)

Court
Electoral Court
Case number
001/2016 EC
Judges
Shongwe JA, Moshidi J, Wepener J, S Pather

The Electoral Court found that the certification of the voters' roll for the Tlokwe by-elections did not comply with section 16(3) of the Electoral Act and the Constitutional Court's order in Kham, as it included 4146 voters without addresses and failed to ensure accurate placement in voting districts. The Commission's argument that its obligations were prospective was rejected; the statutory and constitutional requirements applied to the February by-elections. The absence of addresses and failure to correct the roll undermined the fairness of the elections. The Court ordered the Commission t…

Source excerpt

  • Free And Fair Elections
  • Voters Roll Certification
  • Municipal Electoral Act
  • Address Verification
  • Electoral Obligations
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.