Sibiya and Another v Magistrate for the Regional Division of Northern Cape and Another (301/2019)
Sibiya and Another v Magistrate for the Regional Division of Northern Cape and Another (301/2019) [2020] ZANCHC 5 (28 February 2020)
The court found that the applicants failed to provide credible evidence that the prosecutor deliberately withheld the standing order to mislead them or compromise their fair trial rights. The prosecutor only became aware of the standing order during witness consultations and disclosed it to the applicants' attorney immediately upon receipt. The applicants' allegations of trial by ambush were not supported by the record, and the rulings made by the first respondent did not confirm such conduct. The court applied the Plascon Evans rule, accepting the respondent's version as not improbable. Furt…
Source excerpt
- Review Of Criminal Proceedings
- Gross Irregularity
- Fair Trial Rights
- Disclosure By Prosecutor
- Withdrawal Of Admissions