South Africa Case Law

Aziz v Director of Public Prosecutions and Others (2023/012763)

Aziz v Director of Public Prosecutions and Others (2023/012763) [2024] ZAGPJHC 69 (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012763

Judges

GY Sidwell, CJ Coertse

The High Court found that the applicant's right to a fair trial was violated due to incompetent legal representation by a candidate attorney who failed to consult adequately, did not apply for a postponement, and failed to challenge inadmissible evidence and prejudicial statements. The magistrate did not intervene to prevent the miscarriage of justice. The cumulative effect of these irregularities rendered the trial unfair. The conviction and sentence were set aside, and the applicant was ordered to be released from detention immediately.

Source excerpt

• Right To Fair Trial
• Competence Of Legal Representation
• Review Of Magistrates Court
• Admissibility Of Evidence
• Sentencing Irregularities

Lottering v S (A329/2019)

Lottering v S (A329/2019) [2020] ZAWCHC 88; 2020 (2) SACR 629 (WCC) (31 August 2020)

Court

Western Cape High Court, Cape Town

Case number

A329/2019

Judges

Binns-Ward, Hockey

Appeal against conviction for armed robbery and sentence dismissed after the court upheld the complainant’s identification of the accused.

• Identification Evidence
• Single Witness Testimony
• Admission Of Further Evidence On Appeal
• Minimum Sentencing
• Competence Of Legal Representation
• Criminal-law