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South Africa Case Law

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Criminal Law [2023] ZAECQBHC 62

Wolf v S - Ruling (16/2022)

Wolf v S - Ruling (16/2022) [2023] ZAECQBHC 62 (20 October 2023)

Court
Eastern Cape High Court, Gqeberha
Case number
16/2022
Judge
Govindjee

The court found that the applicant had established prima facie entitlement to access sections 'B' and 'C' of the police docket, given the unusual circumstances of the case, including material changes in witness statements, concerns about the impartiality of the investigating officer and prosecutor, judicial criticism of prosecutorial conduct, and the late disclosure of potentially critical evidence. The State failed to demonstrate any objective or reasonable grounds for refusing disclosure that would realistically impede the ends of justice. The court applied the test from Panayiotou, holding…

Source excerpt

  • Docket Disclosure
  • Right To Fair Trial
  • Litigation Privilege
  • Cross Examination
  • Disclosure Of Evidence
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Criminal Law [2008] ZAGPHC 118

Director of Public Prosecutions v King (CC257/2005)

Director of Public Prosecutions v King (CC257/2005) [2008] ZAGPHC 118 (24 April 2008)

Court
High Courts - Gauteng
Case number
CC257/2005
Judge
L O Bosielo

The court found that the application was premature, as the respondent had not yet applied for a postponement and any such application could only be properly adjudicated by the trial judge on the facts presented at the time. The court held that it would be improper to prejudge the respondent's intentions or to interfere with the discretion of the trial judge. The court further found that neither party was solely responsible for the delays in the proceedings and that the outstanding application for access to sections B and C of the docket should be resolved expeditiously to facilitate trial pre…

Source excerpt

  • Criminal Trial Postponement
  • Section 342a Criminal Procedure Act
  • Docket Disclosure
  • Fair Trial Rights
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.