South Africa Case Law

Britton v Minister of Justice and Correctional Services and Others (548/2023)

Britton v Minister of Justice and Correctional Services and Others (548/2023) [2024] ZASCA 148; 2025 (1) SACR 95 (SCA) (31 October 2024)

Court

Supreme Court of Appeal

Case number

548/2023

Judges

Zondi, Nicholls, Kgoele, Hendricks, Masipa

The SCA held that the Constitutional Court’s invalidation of section 5(1)(a) of the Extradition Act was prospective only, so Britton’s earlier arrest remained valid.

• Extradition Act 67 Of 1962
• Retrospective Invalidity
• Constitutional Review
• Arrest Warrant
• Prospective Effect Of Judgments
• Extradition

Director of Public Prosecutions v Holzen NO and Another (28126/07)

Director of Public Prosecutions v Holzen NO and Another (28126/07) [2010] ZAGPJHC 180 (1 September 2010)

Court

South Gauteng High Court, Johannesburg

Case number

28126/07

Judges

P.A. Meyer, P. Coppin

The High Court found that the presiding magistrate's findings during the bail application, particularly regarding the strength of the case and the credibility of witnesses, were material and not mere passing remarks. These findings created reasonable grounds for the state to apprehend that the magistrate would not be impartial in the extradition enquiry, as the same evidence would be presented. The magistrate's conduct during the recusal proceedings, including his comments and attitude towards the prosecutor, further fueled suspicion of bias. The court held that the state discharged its onus…

Source excerpt

• Extradition Act 67 Of 1962
• Judicial Recusal
• Impartiality
• Review Of Magistrate Decision