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South Africa decisions
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Peter and Another v S (CA&R 175/2021) [2022] ZAECMKHC 97 (15 November 2022)
The Eastern Cape High Court upheld an appeal against robbery convictions, finding the identification evidence unreliable and the recent-possession argument unproved.
S v Muller and Others (55421/04) [2005] ZAWCHC 48; 2005 (2) SACR 451 (C) (6 July 2005)
The magistrate's failure to afford the parties an opportunity to address the court on the merits after the conclusion of evidence constituted a fundamental irregularity. This omission violated the accused's constitutional rights to a fair trial, a public hearing before an ordinary court, and the right to adduce and challenge evidence. The mere filing and exchange of written heads of argument cannot substitute for the right to audible oral argument in the presence of the accused. There was no evidence that the accused had expressly waived their right to address the court. As a result, the proc…
Source excerpt
S v Greeff (49/05) [2005] ZANCHC 75 (1 January 2005)
On automatic review, the High Court set aside a conviction for failing to comply with a maintenance order because the proceedings were materially irregular.
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