South Africa Case Law

Mabogole v S (CA & R 37/2022)

Mabogole v S (CA & R 37/2022) [2023] ZANCHC 1 (13 January 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 37/2022

Judge

Mamosebo

The court found that the Regional Magistrate erred in failing to appoint assessors at the commencement of the murder trial, as required by section 93ter(1) of the Magistrates’ Court Act and confirmed in S v Gayiya. This omission was a material procedural irregularity, rendering the trial court improperly constituted. As a result, the appellants had reasonable prospects of success on appeal. The court further held that exceptional circumstances existed, justifying the granting of bail pending appeal. The previous order dismissing the bail application was set aside and replaced with an order gr…

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• Bail Pending Appeal
• Prospects Of Success On Appeal
• Exceptional Circumstances
• Composition Of Court
• Appointment Of Assessors

Mosikili v South African Board of Sheriffs (1629/20219)

Mosikili v South African Board of Sheriffs (1629/20219) [2021] ZAWCHC 129 (11 June 2021)

Court

Western Cape High Court, Cape Town

Case number

1629/20219

Judge

CN Nziweni

The court held that the appeal in question is a statutory appeal under section 61 of the Sheriffs Act, not a civil appeal as contemplated by section 14 of the Superior Courts Act. The distinction is material, as statutory appeals from administrative bodies are generally heard by a single judge unless the statute provides otherwise. The court found that the respondent's interpretation of 'appeal' was incorrect in this context, and that the practice in the Division is to allocate such statutory appeals to a single judge for reasons of caseload management and judicial efficiency. The respondent'…

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• Statutory Appeal
• Disciplinary Proceedings
• Composition Of Court
• Administrative Decision Review

S v Nhlapho and Others (A291/15)

S v Nhlapho and Others (A291/15) [2015] ZAGPPHC 273; 2016 (1) SACR 489 (GP) (6 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

A291/15

Judges

Jansen, Bertelsmann

The High Court set aside regional court proceedings as void ab initio because assessors were not appointed or waived in a murder trial.

• Failure To Appoint Assessors
• Gross Irregularity
• Composition Of Court
• Unreasonable Delay
• Fair Trial Rights
• Criminal-review

S v Ralo (CA&R 39/2012)

S v Ralo (CA&R 39/2012) [2012] ZAECGHC 7 (16 February 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 39/2012

Judges

G Goosen, JD Pickering

The court held that the review was premature because the alleged irregularity regarding the accused's election to proceed without assessors under section 93ter of the Magistrate's Court Act could not be determined on the record as it stood. There was a dispute of fact as to whether the accused was properly advised and whether a valid election was made. The court emphasized that intervention in uncompleted proceedings is reserved for rare and exceptional circumstances, and that the irregularity must be clearly established either on the record or by affidavit. Since the nature and existence of…

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• Composition Of Court
• Appointment Of Assessors
• Section 93ter Magistrates Court Act
• Review Of Uncompleted Proceedings