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South Africa decisions
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Matsepe and Another v S (Leave to Appeal) (CC11/2021) [2024] ZAGPPHC 998 (30 September 2024)
High Court refused leave to appeal against the refusal of further particulars, finding no reasonable prospect of success and treating the matter as interlocutory.
Coetzer v Wesbank A Division of Firstrand Bank Limited (7439/2020) [2024] ZAGPJHC 637 (10 July 2024)
The court ordered further discovery under Rule 35, dismissed a Rule 21 request for further particulars, and awarded wasted costs on earlier applications.
S v Matodzi and Others (CC11/2021) [2024] ZAGPPHC 399 (26 April 2024)
The court held that the State has complied with its obligations under section 84 and section 87 of the Criminal Procedure Act by providing sufficient particulars to inform Accused 10 and 11 of the nature of the charges against them. The requests for further and better particulars made by the accused largely sought evidence or information not required for the purposes of pleading, or were repetitive of previous requests already answered. The State is not obliged to furnish evidence or particulars not in its possession, nor to provide details beyond what is necessary for the accused to plead. T…
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Jiyana v Regional Court Magistrate (Commercial Crimes Court 7, Bellville) and Another (17662/2022) [2023] ZAWCHC 236 (6 September 2023)
The High Court dismissed a review of an interlocutory criminal ruling, holding that electronic disclosure was sufficient and no rare case justified intervention.
Panagiotopoulos v Liberty Group Ltd (3955/2011) [2014] ZAGPPHC 229 (25 April 2014)
The court ordered Liberty Group Ltd to provide further and better particulars for trial, rejecting reliance on the applicant’s insurance expertise and confidentiality objections.
S v Levenstein (317/04) [2006] ZAGPHC 108 (20 December 2006)
The court found that the accused had been provided with all necessary documentation, including the indictment, summary of substantial facts, witness statements, and the police docket. The accused demonstrated a full understanding of the State's case and had set out his defence in detail. The application for further and better particulars was not a genuine attempt to obtain necessary information but rather an effort to have the State respond to the accused's version of events and to debate the evidence pre-trial. The court held that the accused was adequately informed of the case against him a…
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