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South Africa Case Law

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Criminal Law [2013] ZAKZPHC 18

Munusamy v Regional Magistrate Port Shepstone and Others (AR 546/11)

Munusamy v Regional Magistrate Port Shepstone and Others (AR 546/11) [2013] ZAKZPHC 18 (16 April 2013)

High Court review of a rape conviction dismissed after the court found no prejudice from alleged lawyer conflict or failure to call witnesses.

  • Review Of Criminal Proceedings
  • Conflict Of Interest
  • Ineffective Assistance Of Counsel
  • Subpoena Of Witnesses
  • Criminal Procedure Act Section 186
  • Criminal-review
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Criminal Law [2002] ZASCA 149

S v Gabaatlholwe and Another (96/2002)

S v Gabaatlholwe and Another (96/2002) [2002] ZASCA 149; [2003] 1 All SA 1 (SCA); 2003 (1) SACR 313 (SCA) (28 November 2002)

The Supreme Court of Appeal held that refusing to subpoena a witness under section 186 was not erroneous because the evidence was not essential to a just decision.

  • Criminal Procedure Act Section 186
  • Rape
  • Kidnapping
  • Judicial Discretion
  • Calling Of Witnesses
  • Criminal-procedure
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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.