South Africa Case Law

Swanepoel and Another v S (23004/2021)

Swanepoel and Another v S (23004/2021) [2021] ZAGPPHC 432; 2021 (2) SACR 374 (GP) (19 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

23004/2021

Judge

Nyathi

The court held that the applicants were never formally called as section 204 witnesses and did not testify in court against their co-accused, Van Zyl, who died before trial. Therefore, the statutory conditions for indemnity under section 204 were not met. The alleged agreement or legitimate expectation did not create a binding contract or confer immunity from prosecution. The State, as dominus litis, retained the discretion to proceed with charges, and its decision was neither unconstitutional nor procedurally unfair. The applicants' constitutional rights were not infringed, as they were not…

Source excerpt

• Section 204 Witness
• Legitimate Expectation
• Stay Of Prosecution
• Just Administrative Action
• Indemnity In Criminal Procedure

S v Kuyler and Others (78/2015)

S v Kuyler and Others (78/2015) [2016] ZAFSHC 98; 2016 (2) SACR 563 (FB) (23 May 2016)

Court

Free State High Court, Bloemfontein

Case number

78/2015

Judge

Opperman, AJ

The court refused section 204(2) discharge, holding that the witness did not answer all questions frankly and honestly in a separate post-trial enquiry.

• Accomplice Witness
• Section 204 Discharge
• Indemnity In Criminal Procedure
• Fair Trial Rights
• Criminal-procedure
• Accomplice-witness