South Africa Case Law

Khama v Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Others (2022/25436)

Khama v Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Others (2022/25436) [2023] ZAGPJHC 560; [2023] 3 All SA 193 (GJ); 2023 (2) SACR 588 (GJ) (24 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/25436

Judges

R M Keightley, R Strydom, D M Mlambo

The Court held that the application was ripe for hearing because the applicant's constitutional rights were threatened by the prospect of extradition and arrest, even in the absence of a formal request. On the merits, the Court found that section 5(1)(b) of the Extradition Act cannot be interpreted to permit a Magistrate to receive representations before issuing a warrant of arrest. Such an interpretation would unduly strain the language and context of the Act and disrupt the statutory division of powers, which reserves considerations of fairness and bona fides for the Minister. The Court fur…

Source excerpt

• Extradition Act Interpretation
• Right To Freedom And Security
• Fair Trial Procedure
• Judicial Discretion
• Separation Of Powers
• Strike Out Application

Saane v Hulme NO and Another (CCT33/00)

Saane v Hulme NO and Another (CCT33/00) [2000] ZACC 13; 2000 (4) SA 788 (7 September 2000)

Court

Constitutional Court

Case number

CCT33/00

Judges

Sachs, Chaskalson, Langa, Ackermann, Kriegler, Goldstone, Mokgoro, Ngcobo, O'Regan, Yacoob, Madlanga

The Constitutional Court refused direct leave to appeal, holding that the pending High Court appeal was the proper forum to raise the factual and legal issues.

• Right To Speedy Trial
• Direct Access To Constitutional Court
• Fair Trial Procedure
• Direct-appeal
• Speedy-trial
• Criminal-appeal