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South Africa decisions
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S v Mgoni (8432/2006) [2007] ZAGPHC 70 (4 June 2007)
On review, the High Court set aside a maintenance-related conviction and sentence after concluding there was reasonable doubt about the accused’s guilt.
Food and Allied Workers Union and Others v Scandia Delicatessen CC and Another (276/99) [2001] ZASCA 52; [2001] 3 All SA 342 (A); 2001 (3) SA 613 (SCA); (2001) 22 ILJ 1781 (SCA) (29 March 2001)
The Supreme Court of Appeal held that, assuming the High Court has power to enforce compliance with orders of the Industrial Court by mandatory interdict, such relief is only available where no other satisfactory remedy exists. In this case, the criminal sanction under section 53(1) of the Labour Relations Act 28 of 1956 survived the repeal of the Act for pending disputes, as provided by Schedule 7 of the Labour Relations Act 66 of 1995. The appellants failed to demonstrate that criminal prosecution was not an adequate remedy, as there was no evidence that attempts to prosecute had been ineff…
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