South Africa Case Law

Oosthuizen and Another v S (Appeal) (CA&R 248/2021 ; CA&R 45/2023)

Oosthuizen and Another v S (Appeal) (CA&R 248/2021 ; CA&R 45/2023) [2024] ZAECMKHC 101; 2024 (2) SACR 600 (ECMk) (19 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 248/2021 ; CA&R 45/2023

Judges

B R Tokota, N Mullins

The High Court held that the directive by the Heads of Courts, adopted in March 2017, requiring English as the language of record is binding on all courts, including Magistrates' Courts, in the absence of an executive policy to the contrary. The failure to ensure that the record is translated into English constitutes a procedural irregularity that undermines the right to a fair trial and impedes the appeal process. The responsibility for ensuring a complete and translated record rests with the appellant or their attorney, as provided by Rule 49A(4) of the Uniform Rules of Court. The court emp…

Source excerpt

• Court Language Policy
• Right To Interpreter
• Fair Trial Rights
• Magistrates Court Act
• Constitutional Language Rights

Mathebula v S (A31/2017)

Mathebula v S (A31/2017) [2019] ZAMPMHC 1; 2020 (1) SACR 534 (ML) (22 July 2019)

Court

Middelburg High Court, Mpumalanga

Case number

A31/2017

Judges

TV Ratshibvumo, S S Mphahlele

Appeal against a robbery-with-aggravating-circumstances conviction and 15-year sentence dismissed; fingerprints, identification evidence and a rejected alibi supported the verdict.

• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Fingerprint Evidence
• Identification Parade
• Court Language Policy
• Robbery-with-aggravating-circumstances