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S v Mokgotlane (A718/14) [2014] ZAGPPHC 729 (30 September 2014)
The High Court set aside a magistrate’s court conviction after finding the trial unfair because the presiding magistrate had prior bail-hearing knowledge of the accused’s convictions and did not recuse herself.
S v Uate (A744/08) [2008] ZAGPHC 377 (11 September 2008)
The court found that the proceedings in the magistrate's court were tainted by gross irregularities, including failure to explain the accused's rights, absence of a proper plea, and lack of opportunity for the State to put the charge. Both the presiding and supervising magistrates confirmed these procedural defects. As a result, the conviction and sentence could not stand and were set aside. The conduct of the presiding magistrate warranted referral to the Magistrates Commission for further consideration.
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