South Africa Case Law

Vermaak v Magistrate Page and Another (45121/14)

Vermaak v Magistrate Page and Another (45121/14) [2018] ZAGPJHC 721 (14 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

45121/14

Judges

Windell, Vally

The court found that the magistrate did not commit any gross irregularity by rejecting the applicant's version in her section 220 statement where it contradicted the accepted evidence of the complainant and Shaun. Section 220 admissions do not bind the court to the accused's version if it is inconsistent with other evidence. During sentencing, the magistrate exercised proper discretion in refusing to revisit the merits, as the applicant had elected not to testify during trial and the court was bound by its factual findings. The alleged bias was unfounded, as the magistrate's comments were mis…

Source excerpt

• Review Of Criminal Proceedings
• Gross Irregularity
• Admissions In Criminal Trial
• Mitigation Of Sentence
• Bias Of Judicial Officer
• Attempted Murder

Mogaecho v Regional Court Magistrate and Another (A162/2016)

Mogaecho v Regional Court Magistrate and Another (A162/2016) [2017] ZAFSHC 176 (2 November 2017)

Court

Free State High Court, Bloemfontein

Case number

A162/2016

Judges

Jordaan, Van Schalkwyk

The High Court dismissed a review of a magistrates’ court conviction and sentence, rejecting claims of prosecutorial irregularity, judicial bias, and prejudicial separation of trials.

• Review Of Magistrates Court Proceedings
• Bias Of Judicial Officer
• Separation Of Trials
• Gross Irregularity
• Rule 53 Application
• Review-of-magistrates-court-proceedings