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South Africa Case Law

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Criminal Law [2008] ZAWCHC 50

S v Adams (SLH 117/2007)

S v Adams (SLH 117/2007) [2008] ZAWCHC 50; 2009 (1) SACR 394 (C) (22 August 2008)

Court
Western Cape High Court, Cape Town
Case number
SLH 117/2007
Judge
Dlodlo

The court found that the failure to afford both the defence and prosecution an opportunity to address the court prior to judgment constituted a grave procedural irregularity. This irregularity infringed the accused's constitutional right to a fair trial and the statutory right under section 175(1) of the Criminal Procedure Act. The court held that such an irregularity vitiates the proceedings, rendering the judgment void and without legal efficacy. The request to set aside only the judgment portion and refer the matter back to the same magistrate was rejected, as the error tainted the entire…

Source excerpt

  • Right To Fair Trial
  • Addressing The Court
  • Procedural Irregularity
  • Audi Alterem Partem
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Criminal Law [2005] ZAWCHC 48

S v Muller and Others (55421/04)

S v Muller and Others (55421/04) [2005] ZAWCHC 48; 2005 (2) SACR 451 (C) (6 July 2005)

Court
Western Cape High Court, Cape Town
Case number
55421/04
Judge
N J Yekiso

The magistrate's failure to afford the parties an opportunity to address the court on the merits after the conclusion of evidence constituted a fundamental irregularity. This omission violated the accused's constitutional rights to a fair trial, a public hearing before an ordinary court, and the right to adduce and challenge evidence. The mere filing and exchange of written heads of argument cannot substitute for the right to audible oral argument in the presence of the accused. There was no evidence that the accused had expressly waived their right to address the court. As a result, the proc…

Source excerpt

  • Fair Trial Rights
  • Right To Public Trial
  • Addressing The Court
  • Audi Alteram Partem
  • Section 35 Constitution
  • Criminal Procedure Irregularity
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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.