Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2003] ZASCA 20

S v Maputle and Another (179/2002)

S v Maputle and Another (179/2002) [2003] ZASCA 20; 2003 (2) SACR 15 (SCA) (26 March 2003)

Court
Supreme Court of Appeal
Case number
179/2002
Judges
Marais, Navsa, Cloete

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…

Source excerpt

  • Fair Trial Rights
  • Disclosure Of Previous Convictions
  • Bias And Recusal
  • Constitutional Procedure
Read case analysis
Constitutional Law [1997] ZACC 9

Parbhoo and Others v Getz and Others (CCT16/97)

Parbhoo and Others v Getz and Others (CCT16/97) [1997] ZACC 9; 1997 (10) BCLR 1337; 1997 (4) SA 1095 (18 September 1997)

Court
Constitutional Court
Case number
CCT 16/97
Judges
Ackermann, Chaskalson, Langa, Kriegler, Goldstone, Madala, Mokgoro, O'Regan, Sachs

Section 415(3) read with section 415(5) of the Companies Act 1973 is constitutionally invalid to the extent that it allows incriminating answers given under compulsion at creditors' meetings to be used against the person in subsequent criminal proceedings, except for proceedings relating to perjury or failure to answer lawfully. This is inconsistent with the right to a fair trial and the right not to be compelled to give self-incriminating evidence as guaranteed by section 35(3)(j) of the 1996 Constitution. The High Court's order of invalidity must be confirmed by the Constitutional Court bef…

Source excerpt

  • Right To Fair Trial
  • Self Incrimination
  • Companies Act Section 415
  • Confirmation Of Invalidity
  • Constitutional Procedure
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.