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South Africa decisions
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Dlamini v S (Appeal) (CA34/2023) [2025] ZANWHC 136 (30 June 2025)
The High Court dismissed an appeal against rape and kidnapping convictions and a 20-year sentence, finding no material misdirection, bias, or sentencing error.
Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)
The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…
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Rolf v Cupido and Another (714/2024; SH 61/2021) [2025] ZAMPMHC 18 (27 January 2025)
The court found that while the magistrate's refusal to postpone the trial for the applicant to obtain the transcribed record and prepare expert evidence was irregular, it did not amount to bias or justify recusal. The applicant failed to establish reasonable grounds for apprehension of bias, either from the magistrate's conduct in court or his private legal practice. The administrative pressures and the magistrate's statements regarding finalising part-heard matters were not sufficient to demonstrate actual or perceived bias. The court granted condonation for the late filing of the supplement…
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Biccard N.O and Others v Ndwandwe and Others (2023-033422) [2024] ZAGPPHC 973 (30 September 2024)
The High Court in Pretoria dismissed an application for leave to appeal, finding no reasonable prospect of success and rejecting unsupported bias allegations.
Mgaga v Britz N.O. and Another (19935/2022) [2024] ZAGPJHC 480 (20 May 2024)
The High Court found that the magistrate was not biased and did not commit a reviewable irregularity. The applicant was afforded opportunities to present his case, including launching an application to re-open the case and challenging the ruling to submit a buccal sample. The evidence presented by the applicant did not satisfy the requirements for re-opening the case, as no new material evidence was provided. The court held that the absence of chain of custody for the previous buccal samples justified the order for a new sample, and the applicant's constitutional rights were not unreasonably…
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Dr V.N v Magistrate Z. Mjali District Court Magistrate EL and Others (EL246/2024) [2024] ZAECELLC 9 (20 March 2024)
The court refused to discharge a rule nisi staying execution of a garnishee order, extended interim relief, and directed an expedited transfer application.
Sibeko v S (CA56/2020; 40/2019) [2024] ZANWHC 76; 2024 (2) SACR 25 (NWM) (19 March 2024)
The appeal court found that the Regional Magistrate committed a material irregularity by introducing evidence from the bail proceedings into the judgment on conviction without affording the parties an opportunity to address its admissibility. This practice violated the appellant's right to a fair trial, as the bail record was used to reject the appellant's version and the defence witness's evidence, despite not being properly admitted during the trial. The court held that section 60(11B)(c) of the Criminal Procedure Act does not render the bail record automatically admissible; its use must be…
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Ramoholi v S - Appeal (A18/2023) [2023] ZAFSHC 429 (30 October 2023)
The appeal against conviction and life sentence for rape of a 7-year-old child was dismissed. The court found no bias, fair-trial breach, or sentencing misdirection.
Communicare NPC v Acting Magistrate Burgins and Others (14664/2022) [2023] ZAWCHC 117 (24 May 2023)
The court found that the first respondent, Ms Burgins, had published and associated herself with hostile opinions about the applicant on social media prior to presiding over the eviction application. These posts demonstrated a passionate and adverse interest in the applicant's affairs, including allegations of corruption and calls for deregistration. The court held that these circumstances gave rise to a reasonable apprehension of bias, and that Ms Burgins was under an ethical and legal duty to recuse herself. Her failure to do so rendered the proceedings before her a nullity. The court furth…
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Links v S (CA&R 61/2022) [2023] ZANCHC 16 (14 April 2023)
The High Court dismissed an appeal against conviction for assault with intent to do grievous bodily harm, finding no unfair trial or material error.
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