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South Africa Case Law

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Criminal Law [2021] ZASCA 52

Bezuidenhout v S (41/2020)

Bezuidenhout v S (41/2020) [2021] ZASCA 52 (23 April 2021)

Court
Supreme Court of Appeal
Case number
41/2020
Judges
Saldulker, Mocumie, Nicholls, Weiner, Mabindla-Boqwana

The Supreme Court of Appeal found that the appellant, as a layperson and self-represented accused, was not adequately assisted by the trial court regarding the technical nature and significance of the expert evidence led by the State. The magistrate failed to explain the consequences of the evidence or assist the appellant in procuring expert witnesses in rebuttal. This omission rendered the trial unfair. Given the adverse credibility findings already made by the magistrate and the pre-determination of the impact of further evidence, remittal for further evidence would not be just. The only f…

Source excerpt

  • Fair Trial Rights
  • Adducing Further Evidence
  • Self Represented Accused
  • Application Of Criminal Procedure Act
  • Remittal And De Novo Trial
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Criminal Law [2004] ZAECHC 34

S v Dial (ECJ 2004/021)

S v Dial (ECJ 2004/021) [2004] ZAECHC 34; 2006 (1) SACR 395 (E) (21 September 2004)

Court
High Courts - Eastern Cape
Case number
ECJ 021/2004
Judges
C Plasket, J D Pickering

The court held that the magistrate's resort to section 337 of the Criminal Procedure Act to estimate the accused's age was premature, as not all reasonable steps were taken to obtain official or medical evidence of age. The social worker failed to pursue enquiries at the Department of Home Affairs, and the magistrate accepted her assumption that no birth certificate existed without verification. Furthermore, the assertion that no district surgeon was available was incorrect; private doctors were available on a roster for such duties. The magistrate should have referred the accused for medical…

Source excerpt

  • Ascertainment Of Age
  • Sentencing Of Youthful Offenders
  • Application Of Criminal Procedure Act
  • Correctional Supervision
  • Constitutional Protection Of Children
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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.