Mnguni v Mohajane NO and Others (16167/09)
Mnguni v Mohajane NO and Others (16167/09) [2010] ZAGPPHC 195 (15 October 2010)
The court found that the disciplinary proceedings and the appeal were quasi-judicial and subject to review by the High Court under Rule 53. The applicant's delay in bringing the review was reasonable and excusable. The disciplinary tribunal and the appeal authority failed to properly apply their minds to the evidence, particularly the trap evidence of Nyoni, which was uncorroborated and questionable. The video evidence did not support Nyoni's version, and the lack of corroboration, together with the absence of proper application of cautionary rules, rendered the conviction irregular. The prob…
Source excerpt
- Disciplinary Proceedings
- Review Under Rule 53
- Jurisdiction Of High Court
- Promotion Of Administrative Justice Act
- Cautionary Rule For Trap Evidence