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South Africa Case Law

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Criminal Law [2022] ZAMPMBHC 88

S v Mashaba (R29/2022)

S v Mashaba (R29/2022) [2022] ZAMPMBHC 88 (8 December 2022)

Court
Mbombela High Court, Mpumalanga
Case number
R29/2022
Judges
TV Ratshibvumo, D Greyling-Coetzer

The proceedings in the magistrate's court were fundamentally irregular. The accused was convicted and sentenced without a formal charge being put to him and without being afforded the opportunity to plead, violating both constitutional rights and statutory requirements under the Criminal Procedure Act. The conversion of the proceedings into a maintenance enquiry did not cure these defects, and the subsequent imposition of a sentence was unlawful. The separation of prosecutorial and judicial functions was not maintained, and the accused's rights to a fair trial were disregarded. The conviction…

Source excerpt

  • Maintenance Act
  • Fair Trial Rights
  • Procedural Irregularity
  • Conversion Of Proceedings
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Commercial And Corporate [2014] ZAGPPHC 120

Richter v Bloempro CC and Others (69531/2012)

Richter v Bloempro CC and Others (69531/2012) [2014] ZAGPPHC 120; 2014 (6) SA 38 (GP) (14 March 2014)

Court
North Gauteng High Court, Pretoria
Case number
69531/2012
Judge
BAM

The court held that while the applicant may technically remain an affected person under the Companies Act due to the suspension, not termination, of his employment contract, the business rescue application cannot succeed after a final liquidation order has been granted. The legislative intent, as interpreted from the Companies Act, is that business rescue is available only before a final liquidation order. Once final liquidation is ordered, the company loses its legal standing and cannot be placed under business rescue. The court also found that it lacked jurisdiction to entertain the busines…

Source excerpt

  • Business Rescue
  • Final Liquidation Order
  • Affected Person Status
  • Jurisdiction
  • Conversion Of Proceedings
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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.