South Africa Case Law

Sithole and Another v Director of Public Prosecutions and Others (3239/2021)

Sithole and Another v Director of Public Prosecutions and Others (3239/2021) [2023] ZAFSHC 356 (7 September 2023)

Court

Free State High Court, Bloemfontein

Case number

3239/2021

Judges

PR Cronjé, NS Daniso

The High Court dismissed a review of a magistrate’s decision to transfer a criminal matter to the High Court, holding that the prior order did not bar the fresh process.

• Criminal Procedure Act Section 75
• Review Of Magistrate Decision
• Stare Decisis
• Transfer Of Criminal Case
• Criminal-procedure-act-section-75
• Review-of-magistrate-decision

Seloana and Others v Director of Public Prosecutions and Others (4019/2020)

Seloana and Others v Director of Public Prosecutions and Others (4019/2020) [2021] ZAFSHC 176 (24 August 2021)

Court

Free State High Court, Bloemfontein

Case number

4019/2020

Judges

NS Daniso, NM Mbhele

The court found that the transfer of the applicants' case from the district court to the high court was lawfully effected in terms of section 75 of the Criminal Procedure Act. The magistrate was not required to provide reasons or hold an enquiry before transferring the case, as the statutory framework does not impose such obligations. The applicants' reliance on authorities and constitutional rights was misconstrued, and their contention that defending the case in the high court would infringe their right to legal representation was meritless, given the availability of Legal Aid and Pro Bono…

Source excerpt

• Criminal Procedure Act Section 75
• Jurisdiction Of Magistrates Courts
• Transfer Of Criminal Cases
• Right To Fair Trial
• Legal Representation
• Review Of Magistrate Decisions