South Africa Case Law

Thulo v S (CA57/2023)

Thulo v S (CA57/2023) [2024] ZANWHC 231 (11 September 2024)

Court

North West High Court, Mafikeng

Case number

CA57/2023

Judges

FMM Reid, NG Laubscher

The magistrate, having presided over the bail application and learned of the appellant's previous convictions, failed to recuse himself from the subsequent trial, resulting in a reasonable perception of bias. This irregularity was compounded by the magistrate's failure to provide reasons for the conviction and to allow the appellant an opportunity to present evidence after the section 174 application. These procedural defects violated the appellant's right to a fair trial. The delay in filing the appeal was due to difficulties in obtaining the transcribed record, which were not attributable t…

Source excerpt

• Recusal Of Judicial Officer
• Irregular Trial Procedure
• Right To Fair Trial
• Condonation For Late Appeal

S v Mgodli (890/2011B)

S v Mgodli (890/2011B) [2012] ZAECGHC 107 (27 December 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

890/2011B

Judge

J M Roberson

On automatic review, the High Court set aside convictions and sentences after finding gross irregularities in a magistrates’ court trial, including representation and language issues.

• Irregular Trial Procedure
• Right To Legal Representation
• Setting Aside Conviction
• Language Rights In Trial
• Criminal-procedure
• Automatic-review