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South Africa decisions
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Mandeni Municipality v Independent Ethiopian Church of South Africa and Another (10273/2015) [2025] ZAKZDHC 36 (4 June 2025)
Leave to appeal was dismissed because the municipality failed to show a right to evict from either property and its bias allegations were unsubstantiated.
Modibedi v Raborife N.O and Another (M614/2022) [2023] ZANWHC 182 (3 October 2023)
None of the grounds for review advanced by the applicant were sustained. The court found no evidence that the Magistrate read or relied on the bail affidavit, and her conduct in handing it to the prosecutor was appropriate. The death of the witness was not disputed, and the absence of a death certificate did not constitute a procedural irregularity. The complainant's evidence was uncontested, as the defence chose not to cross-examine, and the Magistrate was correct to accept it. The State was not obliged to call all listed witnesses, and the defence could have called any of them. The absence…
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Hendrikse v Northern Cape Liqour Board and Others (323/02) [2003] ZANCHC 34 (16 May 2003)
The court found that Board member Lottering's conduct went beyond merely setting the law in motion; he actively confronted the applicant and then participated in the Board's decision-making regarding her licence application. This created a reasonable apprehension of bias, rendering the proceedings fatally irregular. Additionally, the Board's different constitution at the two hearings, with a member absent during oral evidence and unable to review the proceedings due to inaudible tapes, further undermined the fairness and validity of the process. The decision of the Board was therefore reviewe…
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S v Maputle and Another (179/2002) [2003] ZASCA 20; 2003 (2) SACR 15 (SCA) (26 March 2003)
The Supreme Court of Appeal held that the mere disclosure of an accused's previous conviction to the trial magistrate, whether by cover sheet or appearance in prison clothing, does not automatically constitute an irregularity that vitiates the proceedings or infringes the right to a fair trial. The test is whether there is actual or apparent bias resulting in prejudice to the accused. Judicial officers are presumed to be able to disregard inadmissible or prejudicial information and decide cases objectively. In this case, the evidence against the second appellant was overwhelming and there was…
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