Booysen v S (CA&R39/2015)
Booysen v S (CA&R39/2015) [2015] ZAECGHC 135; 2016 (1) SACR 521 (ECG) (25 November 2015)
The High Court held that the district magistrate's prior involvement in the bail application created a reasonable suspicion of bias, which vitiated the fairness of the trial. The magistrate himself acknowledged, in open court, that his prior knowledge of facts from the bail hearing made it inappropriate for him to preside over the trial. Despite this, he proceeded to hear the trial, rendering the proceedings a nullity. The regional court erred in certifying the proceedings as being in accordance with justice, as it failed to consider the perception of bias and relied incorrectly on the magist…
Source excerpt
- Apparent Bias
- Recusal Of Judicial Officer
- Fair Trial Rights
- Criminal Procedure Act Section 116
- Bail Application Irregularity