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South Africa Case Law

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Criminal Law [2025] ZAKZPHC 56

S v Zuma and Another (CCD30/2018)

S v Zuma and Another (CCD30/2018) [2025] ZAKZPHC 56 (3 June 2025)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
CCD30/2018
Judge
Chili

The court held that it is not competent to order the State to stop the prosecution under section 6 of the Criminal Procedure Act, as this discretion lies exclusively with the prosecuting authority. The relief sought by Thales and Mr Zuma was therefore not available. The court further found that the deaths of Messrs Maynot and Thétard, while unfortunate, did not amount to irreparable or insurmountable prejudice sufficient to justify stopping the prosecution or acquitting the accused. The alleged prejudice was speculative, and the availability and value of other witnesses could only be properly…

Source excerpt

  • Withdrawal Of Prosecution
  • Fair Trial Rights
  • Irreparable Prejudice
  • Section 6 Criminal Procedure Act
  • Section 172 Constitution
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Administrative Law [2022] ZAWCHC 106

Els v Health Professionals Council of SA and Others (5845/2022)

Els v Health Professionals Council of SA and Others (5845/2022) [2022] ZAWCHC 106 (30 May 2022)

Court
Western Cape High Court, Cape Town
Case number
5845/2022
Judge
Binns-Ward

The applicant failed to establish a well-grounded apprehension of irreparable harm resulting from the delay and loss of evidence in the disciplinary inquiry. The missing appendix to the expert report did not disable the professional conduct committee from fairly adjudicating the charges, and any prejudice could be addressed through internal appeal or statutory review. The applicant acquiesced in the delay, and her additional grounds—reputational harm, legal costs, and stress—did not constitute exceptional circumstances justifying interim relief. The prospects of success in her intended applic…

Source excerpt

  • Disciplinary Inquiry
  • Interim Interdict
  • Delay In Administrative Action
  • Irreparable Prejudice
  • Professional Misconduct
  • Stay Of Proceedings
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.