South Africa Case Law

S v Louie (1323/2018 & A425/2014)

S v Louie (1323/2018 & A425/2014) [2020] ZAWCHC 187 (14 December 2020)

Court

Western Cape High Court, Cape Town

Case number

1323/2018 & A425/2014

Judges

Bozalek, Binns-Ward

The High Court found that the magistrate's recusal from the extradition enquiry was a gross irregularity, as it was done for personal convenience and without an objectively reasonable basis. The Court held that magistrates have a legal and official duty to complete matters they have commenced, and that the failure to do so undermines the administration of justice. Given the inordinate delay in the extradition proceedings and the absence of substantive progress, the Court exercised its inherent review powers to set aside the recusal and directed the original magistrate to continue with the enq…

Source excerpt

• Extradition Act
• Magistrate Recusal
• Inherent Review Powers
• Gross Irregularity
• Superior Courts Act
• Criminal Procedure Act

Sondela v S (A204/2009)

Sondela v S (A204/2009) [2012] ZAFSHC 72 (19 April 2012)

Court

Free State High Court, Bloemfontein

Case number

A204/2009

Judges

Rampai, R, Van Zyl, R

The Free State High Court set aside a theft conviction where the State relied on inconsistent single-witness co-accused evidence and no corroboration.

• Single Witness Rule
• Credibility Assessment
• Review Of Sentence
• Inherent Review Powers
• Theft
• Criminal-law