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South Africa Case Law

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Criminal Law [2025] ZAECMHC 43

S v Tyali (Special Review) (RCUMB87/23 ; 217834)

S v Tyali (Special Review) (RCUMB87/23 ; 217834) [2025] ZAECMHC 43 (29 April 2025)

The High Court set aside Regional Court proceedings held without assessors in a murder trial and remitted the matter to a different magistrate.

  • Murder
  • Attempted Murder
  • Use Of Assessors
  • Irregular Proceedings
  • Criminal Trial Procedure
  • Criminal-procedure
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Criminal Law [2017] ZAGPJHC 445

Sekobelo v Nemavhadi and Another (35208/2016)

Sekobelo v Nemavhadi and Another (35208/2016) [2017] ZAGPJHC 445 (12 September 2017)

The court found that there was no conduct or utterance by the first respondent that could objectively justify an inference or reasonable apprehension of bias or partiality against the applicant. The first respondent maintained judicial impartiality and properly advised the applicant regarding self-representation. The absence of reasons for refusing the discharge under section 174 did not constitute a reviewable irregularity, as reasons are customarily given at the end of the trial. The applicant was offered assistance in subpoenaing witnesses, and there was no duty on the first respondent to…

  • Recusal Of Judicial Officer
  • Review Of Procedural Rulings
  • Criminal Trial Procedure
  • Judicial Impartiality
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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.