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South Africa Case Law

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Criminal Law [2020] ZAWCHC 185

Director of Public Prosecutions, Western Cape v Kouwenhoven; Kouwenhoven v Director of Public Prosecutions, Western Cape and Others (A181/2020)

Director of Public Prosecutions, Western Cape v Kouwenhoven; Kouwenhoven v Director of Public Prosecutions, Western Cape and Others (A181/2020) [2020] ZAWCHC 185; [2021] 1 All SA 843 (WCC); 2021 (1) SACR 579 (WCC) (23 December 2020)

Court
Western Cape High Court, Cape Town
Case number
A181/2020
Judges
Rogers, Sher

The court held that section 310 of the Criminal Procedure Act applies to appeals against discharge orders under section 10(3) of the Extradition Act, as extradition enquiries, while sui generis, share sufficient features with criminal proceedings to justify such appeals on points of law. The phrase 'committed within the jurisdiction of a foreign State' in section 3(1) of the Extradition Act is to be interpreted broadly, including extraterritorial jurisdiction where the requesting state has lawful authority to try the offence, consistent with international law and South Africa's treaty obligat…

Source excerpt

  • Extradition Act
  • Universal Jurisdiction
  • Double Jeopardy
  • Audi Alteram Partem
  • Appeal Rights Of State
  • International Treaties
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Criminal Law [2003] ZASCA 72

S v Basson (404/02, 293/02)

S v Basson (404/02, 293/02) [2003] ZASCA 72; [2003] 3 All SA 51 (SCA); 2004 (1) SA 246 (SCA); 2003 (2) SACR 373 (SCA) (3 June 2003)

Court
Supreme Court of Appeal
Case number
404/02, 293/02
Judges
Harms, Zulman, Streicher, Navsa, Heher

The Supreme Court of Appeal held that the State failed to comply with the procedural requirements for reserving questions of law and condonation. The majority of the State's proposed questions were either academic, related to factual findings rather than legal errors, or were unsupported by the record. The only legal remedy available to the State after an acquittal is to reserve a question of law under section 319, but only where there is a reasonable prospect that a legal error, not a factual error, affected the outcome. The trial judge's refusal to recuse himself was based on the correct le…

Source excerpt

  • Reservation Of Questions Of Law
  • Recusal Of Judge
  • Appeal Rights Of State
  • Condonation
  • Admissibility Of Evidence
  • Suspicion Of Bias
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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.