South Africa Case Law

Ndleve v Director of Public Prosecutions North Gauteng, Pretoria and Another (A877/11)

Ndleve v Director of Public Prosecutions North Gauteng, Pretoria and Another (A877/11) [2013] ZAGPPHC 108 (22 April 2013)

Court

North Gauteng High Court, Pretoria

Case number

A877/11

Judges

T.V. Ratshibvumo, H. Fabricius

High Court review set aside a regional criminal trial after prior convictions were disclosed to the magistrate before conviction, requiring a trial de novo.

• Recusal Of Judicial Officer
• Irregularity In Criminal Proceedings
• Fair Trial Rights
• Disclosure Of Previous Convictions
• Judicial-recusal
• Criminal-procedure

S v Maputle and Another (179/2002)

S v Maputle and Another (179/2002) [2003] ZASCA 20; 2003 (2) SACR 15 (SCA) (26 March 2003)

Court

Supreme Court of Appeal

Case number

179/2002

Judges

Marais, Navsa, Cloete

The Supreme Court of Appeal held that the mere disclosure of an accused's previous conviction to the trial magistrate, whether by cover sheet or appearance in prison clothing, does not automatically constitute an irregularity that vitiates the proceedings or infringes the right to a fair trial. The test is whether there is actual or apparent bias resulting in prejudice to the accused. Judicial officers are presumed to be able to disregard inadmissible or prejudicial information and decide cases objectively. In this case, the evidence against the second appellant was overwhelming and there was…

Source excerpt

• Fair Trial Rights
• Disclosure Of Previous Convictions
• Bias And Recusal
• Constitutional Procedure