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South Africa Case Law

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Criminal Law [2022] ZAGPJHC 330

Mthetwa v S (A20/2022)

Mthetwa v S (A20/2022) [2022] ZAGPJHC 330 (11 May 2022)

The court found that the appellant failed to present genuine new facts in his second bail application. The alleged delay in investigation was not supported by the record, as the case was ready for trial and had been set down. The appellant's personal circumstances and assertions of being a changed person did not constitute new facts as required by law. The magistrate did not err in refusing bail, and there was no basis for the appeal court to interfere with the decision. The interests of justice did not warrant admission to bail, and the appeal was dismissed.

  • Bail Application
  • New Facts In Bail
  • Flight Risk
  • Delay In Investigation
  • Interest Of Justice
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Labour Law [2021] ZALCD 74

Govender v Provincial Head of Commercial Crime and Others (D04/2021)

Govender v Provincial Head of Commercial Crime and Others (D04/2021) [2021] ZALCD 74 (2 September 2021)

The court found that the Respondents failed to comply with Regulation 8(1) by not completing the investigation or proceeding with disciplinary action within the prescribed timeframes. The explanation that the COVID-19 pandemic caused the delay was rejected, as the misconduct allegations and initial steps occurred well before the pandemic. The Respondents only acted after the application was brought and set down for hearing, indicating that the Applicant's intervention was necessary to obtain relief. The withdrawal of charges resolved the substantive dispute, leaving only the issue of costs. A…

  • Disciplinary Regulations
  • Unfair Labour Practice
  • Delay In Investigation
  • Costs Award
  • Withdrawal Of Charges
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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.