South Africa Case Law

Tom v S (Appeal) (CA&R17/2025)

Tom v S (Appeal) (CA&R17/2025) [2025] ZAECBHC 13 (12 June 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R17/2025

Judge

Zono

The magistrate's refusal to grant bail was arbitrary and unconstitutional because he failed to consider and account for the appellant's affidavit and the relevant factors required by law. The judgment lacked reasons and proper analysis, violating the appellant's constitutional rights to freedom and security of the person and the principle of judicial impartiality. The appeal court found that the magistrate's decision was wrong and substituted it with an order admitting the appellant to bail, subject to standard conditions.

Source excerpt

• Bail Application
• Judicial Reasoning
• Section 65 Criminal Procedure Act
• Section 12 Constitution
• Judicial Impartiality
• Failure To Give Reasons

S v Mudolo and Another (Recusal) (CC7/2023)

S v Mudolo and Another (Recusal) (CC7/2023) [2024] ZAGPPHC 1159 (8 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC7/2023

Judge

Holland-Muter

The High Court refused leave to appeal against its recusal ruling in a criminal trial, finding no reasonable prospect of success or evidence of bias.

• Recusal Of Judge
• Leave To Appeal
• Judicial Impartiality
• Criminal Procedure Act
• Superior Courts Act
• Recusal

Van Den Berg v Land and Agricultural Development Bank of South Africa and Others (1955/2016)

Van Den Berg v Land and Agricultural Development Bank of South Africa and Others (1955/2016) [2024] ZAFSHC 368 (8 November 2024)

Court

Free State High Court, Bloemfontein

Case number

1955/2016

Judge

M Opperman

The High Court recused the presiding judge in a recusal application, finding that prior remarks could create a reasonable perception of bias.

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Fair Trial Rights
• Judicial Impartiality
• Judicial-recusal
• Reasonable-apprehension-of-bias

Majongile v S (CA&R 73/2022)

Majongile v S (CA&R 73/2022) [2024] ZAECMHC 59 (2 July 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 73/2022

Judges

L Rusi, Z Ncalo

The High Court upheld a criminal appeal after finding that the magistrate’s conduct undermined fair trial rights and the evidence was not safely relied on.

• Fair Trial Rights
• Judicial Impartiality
• Single Witness Rule
• Rape
• Assault With Intent To Do Grievous Bodily Harm
• Fair-trial-rights

Maritz v S (81/2023)

Maritz v S (81/2023) [2024] ZASCA 72; 2024 (2) SACR 412 (SCA) (8 May 2024)

Court

Supreme Court of Appeal

Case number

81/2023

Judges

Mokgohloa, Mabindla-Boqwana, Molefe

The court held that the appellant failed to establish, on objective facts, a reasonable apprehension of bias on the part of the presiding judge. Each ground advanced—revocation of bail, alleged activism, request for reports, and communication with another judge—was individually scrutinised and found to be without merit. The revocation of bail, even if erroneous, was subject to appeal and did not indicate bias. The judge's association with a judicial organisation and possession of a symbolic item did not establish partiality. The alleged request for a victim impact report was not substantiated…

Source excerpt

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Right To Fair Trial
• Revocation Of Bail
• Judicial Impartiality

SAP SE v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another (376/2022)

SAP SE v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another (376/2022) [2024] ZASCA 26; [2024] 2 All SA 639 (SCA); 2024 (5) SA 514 (SCA) (20 March 2024)

Court

Supreme Court of Appeal

Case number

376/2022

Judges

Ponnan, Gorven, Meyer, Koen, Baartman

The Supreme Court of Appeal found that the trial judge's conduct, including misconceiving the evidence, preventing proper cross-examination, and leaving the hearing while instructing that proceedings continue in his absence, created a reasonable apprehension of bias. The judge's belated and improbable explanation for his departure further exacerbated this perception. The cumulative effect of these actions demonstrated that the judge had closed his mind to the evidence and submissions of counsel, undermining the fairness of the trial. As a result, the proceedings before the judge were vitiated…

Source excerpt

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Cross Examination Rights
• Judicial Impartiality

Siebrits v S (A150/2023; A315/2022; 6/2022; 10/2/5/3-50/23)

Siebrits v S (A150/2023; A315/2022; 6/2022; 10/2/5/3-50/23) [2023] ZAWCHC 239 (8 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A150/2023

Judges

P. S. Van Zyl, C. M. Fortuin

The appeal was upheld because the presiding magistrate's conduct during the trial compromised the appellant's right to a fair trial. The magistrate actively cross-examined the appellant, made prejudicial remarks, and effectively took over the prosecution's role, thereby losing objectivity and impartiality. The appellant's version was consistent and corroborated by State witnesses, and the State conceded that there were no inherent improbabilities in his account. The conviction for housebreaking with intent to commit a crime unknown to the State was not proven beyond a reasonable doubt, and th…

Source excerpt

• Fair Trial Rights
• Judicial Impartiality
• Housebreaking
• Magistrate Conduct

Ntsasa v S (A61/2023)

Ntsasa v S (A61/2023) [2023] ZAFSHC 218 (29 May 2023)

Court

Free State High Court, Bloemfontein

Case number

A61/2023

Judge

Van Zyl

The appeal succeeded because the State failed to discharge its onus on a balance of probabilities to justify cancellation of bail under section 68 of the Criminal Procedure Act. The evidence presented regarding alleged threats was hearsay, and the State did not call the relevant witness or submit her affidavit. The appellant consistently maintained he did not know who the witnesses were, and the State failed to prove otherwise. The presiding magistrate's conduct during questioning was irregular and prejudicial, as she descended into the arena and cross-examined the appellant, using evidence o…

Source excerpt

• Bail Cancellation
• Onus Of Proof
• Judicial Impartiality
• Hearsay Evidence
• Bail Conditions

Matizirofa v University of Johannesburg and Another (010696/2022)

Matizirofa v University of Johannesburg and Another (010696/2022) [2022] ZAGPJHC 917 (9 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

010696/2022

Judge

T P Mudau

The court found that the applicant failed to establish a reasonable apprehension of bias. The grounds advanced—namely, the lodging of a complaint with the Judicial Service Commission and the shared ethnic background between the judge and the second respondent—were held to be insufficient and irrational. The presumption of judicial impartiality, reinforced by the judge's oath of office and constitutional obligations, was not displaced by the applicant's allegations. The court emphasized that mere apprehensiveness or subjective anxiety does not meet the objective standard required for recusal.…

Source excerpt

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Judicial Impartiality

S v Molefi J Malefane (R56/2020)

S v Molefi J Malefane (R56/2020) [2021] ZAFSHC 234 (14 September 2021)

Court

Free State High Court, Bloemfontein

Case number

R56/2020

Judges

NS Daniso, CL Page

The review court found that the magistrate's conduct during the trial was irregular and prejudicial to the accused. The magistrate intervened during the accused's cross-examination of the complainant, effectively taking over the questioning and limiting the accused's right to challenge the evidence. Furthermore, the magistrate's persistent and intimidating questioning regarding the calling of defence witnesses led the accused to abandon his intention to call witnesses who could have supported his version. These irregularities infringed upon the accused's constitutional right to a fair trial,…

Source excerpt

• Fair Trial Rights
• Cross Examination
• Judicial Impartiality
• Calling Witnesses