South Africa Case Law

Mkhize v Director of Public Prosecutions KwaZulu-Natal (CCD38/2023)

Mkhize v Director of Public Prosecutions KwaZulu-Natal (CCD38/2023) [2024] ZAKZDHC 89; 2025 (1) SACR 392 (KZD) (9 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

CCD38/2023

Judge

Olsen

The application for separation of trials is premature because section 157(2) of the Criminal Procedure Act only empowers the trial court to order separation during the trial, after the accused have pleaded. The indictment remains under the control of the prosecuting authority until the trial commences, and any intervention by the court before this point is limited to specific statutory grounds. The amended indictment further strengthens the connection between the applicant and the principal accused, making separation impractical and contrary to legal policy. Judicial discretion regarding sepa…

Source excerpt

• Separation Of Trials
• Misjoinder
• Accessory After The Fact
• Criminal Indictment
• Judicial Discretion

S v Western Areas Ltd and Others (CCT 4/04)

S v Western Areas Ltd and Others (CCT 4/04) [2004] ZACC 2; 2004 (8) BCLR 819 (CC); 2004 (1) SACR 567 (CC) (5 April 2004)

Court

Constitutional Court

Case number

CCT 4/04

Judges

Chaskalson, Madala, Mokgoro, Moseneke, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court dismissed a conditional leave-to-appeal application, holding that its rules already allowed direct leave to appeal from an SCA decision.

• Leave To Appeal
• Criminal Indictment
• Constitutional Jurisdiction
• Leave-to-appeal
• Criminal-indictment
• Constitutional-jurisdiction