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South Africa decisions
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Mitchell and Others v S (CC 04/2018) [2023] ZAECQBHC 13 (10 March 2023)
The High Court dismissed a post-conviction application for a special entry under section 317, holding it was late and lacked any basis to call witnesses.
S v Thabethe and Others (08/2022) [2022] ZAFSHC 351 (14 December 2022)
The court found that the alleged irregularity—the refusal to provide further and better particulars—was fully addressed in the judgment and forms part of the record. The accused have been provided with sufficient information to prepare for trial, including the indictment, statement of facts, and witness statements. The application for special entry is unnecessary because the irregularity, if any, appears on the record and can be raised as a ground of appeal under section 316. Furthermore, the application does not meet the requirements of section 317(1), as it is not bona fide and would consti…
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S v Botha (562/2004) [2005] ZASCA 102; [2006] 4 All SA 113 (SCA); 2006 (1) SACR 105 (SCA) (15 November 2005)
The Supreme Court of Appeal held that although joint representation in the presence of conflicting interests can constitute an irregularity, in this case the appellant was fully aware of the potential conflict before trial and made a conscious decision to align his defence with the other accused. He had the benefit of legal advice and chose not to distance himself from the co-accused, despite knowing the facts that could have supported a separate defence. The court found that the alleged irregularity did not result in prejudice to the appellant, as his own instructions were followed and the e…
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