South Africa Case Law

Todd v Magistrate, Clanwilliam and Others (19247/19)

Todd v Magistrate, Clanwilliam and Others (19247/19) [2022] ZAWCHC 15; 2023 (1) SACR 481 (WCC) (23 February 2022)

Court

Western Cape High Court, Cape Town

Case number

19247/19

Judges

LekhULENI, Allie

The court found that although the magistrate erred in dispensing with oral evidence despite recommendations from the DPP and requests from interested parties, this error alone did not vitiate the proceedings. The applicant failed to demonstrate any prejudice resulting from the magistrate's decision, especially since he, through his legal counsel, supported the decision to proceed without oral evidence. The court emphasized that review is not available merely because the decision was wrong or unreasonable; it must be shown to be arbitrary or prejudicial. Furthermore, the magistrate's finding o…

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• Inquest Proceedings
• Judicial Discretion
• Review Of Magistrate Decision
• Prima Facie Evidence

In re: Inquest No 33/2015 Deceased Dr Hashim Ebrahim (33/2015)

In re: Inquest No 33/2015 Deceased Dr Hashim Ebrahim (33/2015) [2016] ZAGPPHC 359 (23 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

33/2015

Judges

AC Basson, CJ Van der Westhuizen

The High Court dismissed a special review of an inquest finding that Dr Hashim Ebrahim died by suicide, holding that the magistrate considered the relevant evidence.

• Inquest Proceedings
• Suicide Determination
• Review Of Magistrate Findings
• Inquest-proceedings
• Judicial-review
• Suicide-determination

South Coast Recovery Centre and Halfway House CC and Another v National Director : National Prosecuting Authority and Others (5739/13)

South Coast Recovery Centre and Halfway House CC and Another v National Director : National Prosecuting Authority and Others (5739/13) [2013] ZAKZDHC 28 (31 May 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

5739/13

Judge

Lopes

The High Court dismissed an urgent bid to stay an inquest into Blaire Lynne Trouchet’s death, finding no prima facie irregularity in the docket or prejudice.

• Inquest Proceedings
• Stay Of Proceedings
• Prima Facie Case
• Costs Order
• Judicial Discretion
• Inquest-proceedings

Van Vuuren v Esterhuizen NO en 'n Ander (481/94)

Van Vuuren v Esterhuizen NO en 'n Ander (481/94) [1996] ZASCA 72; 1996 (4) SA 603 (SCA); [1996] 4 All SA 430 (A); (31 May 1996)

Court

Supreme Court of Appeal

Case number

481/94

Judges

C.T. Howie, E.M. Grosskopf, Vivier, Marais, Plewman

The Supreme Court of Appeal held that proceedings under section 119 of the Criminal Procedure Act do not constitute 'criminal proceedings' for the purposes of the Inquests Act. Therefore, the prosecutor's decision not to prosecute at that stage did not preclude the lawful institution of an inquest. The Court found no evidence of abuse of process, as the prosecutor acted within his powers and did not use the inquest for an improper purpose. The appellant's concerns regarding self-incrimination and fair trial rights were considered premature, as any potential prejudice could be addressed during…

Source excerpt

• Inquest Proceedings
• Criminal Proceedings Definition
• Self Incrimination Privilege
• Fair Trial Rights