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Criminal Law [2020] ZANWHC 86

K.D.P v Mtebele (KPM 10/2018)

K.D.P v Mtebele (KPM 10/2018) [2020] ZANWHC 86 (6 November 2020)

Court
North West High Court, Mafikeng
Case number
KPM 10/2018
Judges
R.D. Hendricks, F.M.M. Snyman

The court found that the conduct of the presiding Regional Magistrate, including his remarks during trial, interference with cross-examination, and the uncontested evidence of a personal relationship with the complainant, created a reasonable apprehension of bias. The magistrate's failure to refute the allegations further strengthened the perception of partiality. The applicant's right to a fair trial was compromised, and the refusal to recuse rendered the subsequent proceedings invalid. The court held that justice must not only be done but must be seen to be done, and accordingly set aside t…

Source excerpt

  • Recusal Of Judicial Officer
  • Fair Trial Rights
  • Appearance Of Bias
  • Review Of Magistrate Decision
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Criminal Law [2019] ZAGPPHC 938

Maluleka v S and Another (A245/2019)

Maluleka v S and Another (A245/2019) [2019] ZAGPPHC 938 (8 November 2019)

Court
North Gauteng High Court, Pretoria
Case number
A245/2019
Judges
NE Nkosi, Sardiwalla

The court found that the applicant failed to establish reasonable grounds for the recusal of Mr. Nel. There was no evidence of actual bias or circumstances that would lead a reasonable person to apprehend bias. The suspicion raised by the applicant was not based on objective facts and did not meet the legal threshold required for recusal. The court held that accepting the applicant's argument would undermine the proper functioning of criminal procedure, particularly in cases where a plea of guilty is not accepted and the trial proceeds. Accordingly, the application to set aside Mr. Nel's refu…

Source excerpt

  • Recusal Of Judicial Officer
  • Appearance Of Bias
  • Onus Of Proof
  • Criminal Procedure Act Section 112
  • Criminal Procedure Act Section 113
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Criminal Law [2014] ZAWCHC 18

S v Kirsch (A269/2013)

S v Kirsch (A269/2013) [2014] ZAWCHC 18; 2014 (2) SACR 419 (WCC) (19 February 2014)

Court
Western Cape High Court, Cape Town
Case number
A269/2013
Judges
J I Cloete, N J Yekiso

The court found that the magistrate's personal connections to a key witness and the witness's secretary created a reasonable suspicion of bias from the perspective of the accused. Although actual bias was not alleged, the appearance of bias is sufficient to require recusal. The High Court, exercising its inherent powers and review jurisdiction under the Constitution and relevant statutes, determined that the interests of justice necessitated setting aside the proceedings and ordering a new trial before a different magistrate. The court emphasized that fairness and the right to a fair trial ar…

Source excerpt

  • Recusal Of Judicial Officer
  • Appearance Of Bias
  • Fair Trial Rights
  • Review Powers Of High Court
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Criminal Law [1999] ZASCA 53

Roberts v Additional Magistrate for the District of Johannesburg, Mr Van Den Berg and Another (548/97)

Roberts v Additional Magistrate for the District of Johannesburg, Mr Van Den Berg and Another (548/97) [1999] ZASCA 53; [1999] 4 All SA 285 (A) (3 September 1999)

Court
Supreme Court of Appeal
Case number
548/97
Judges
Vivier, Howie, Mpati

The Supreme Court of Appeal held that the magistrate's conduct after conviction, including private discussions with the prosecutor, refusal to allow argument on key applications, and visible irritation and disinterest, created a reasonable suspicion of bias in the mind of a reasonable person in the position of the accused. The test for recusal is whether a reasonable person would, on reasonable grounds, suspect bias, and this test was satisfied in the present case. The irregularities were not confined to sentencing but tainted the entire trial, as the appearance of bias could reasonably be th…

Source excerpt

  • Recusal Of Judicial Officer
  • Appearance Of Bias
  • Fair Trial Rights
  • Irregularities In Trial
  • Magistrates Court Procedure
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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.