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South Africa decisions
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Motsoane v Legal Aid South Africs and Others (3449/2023; 5153/2022) [2024] ZAFSHC 267 (26 August 2024)
The High Court dismissed an application alleging ineffective legal aid and a contempt claim. The applicant failed to prove service, non-compliance, or factual support.
Motsoane v Chairperson the Board Legal Aid South Africa and Others (5153/2022; 3449/2023; 1857/2021) [2024] ZAFSHC 9 (18 January 2024)
The court consolidated three related applications, joined the South African Human Rights Commission, and set timelines for affidavit and argument filing.
W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018) [2022] ZANCHC 53 (16 September 2022)
The High Court held it lacked jurisdiction to order legal aid in a land restitution matter and dismissed prayers 39 to 41, with no costs order.
Legal Aid South Africa v S and Others (SS124/07) [2010] ZAWCHC 17 (16 February 2010)
The High Court dismissed Legal Aid South Africa’s application for leave to appeal, holding it lacked locus standi because it was not a party, and finding no prospect of success.
Acting Premier Western Cape v Regional Magistrate for the District of Bellville Division of the Western Cape, Le Grange NO and Others (8098/04) [2005] ZAWCHC 85; 2006 (2) SA 79 (C); 2006 (1) SACR 351 (C) (15 November 2005)
The court held that the magistrate exceeded his statutory authority by ordering the Provincial Government to fund legal representation for the accused. The magistrate's court, being a creature of statute, has no inherent jurisdiction and cannot make orders against third parties not connected to the criminal trial. Section 342A of the Criminal Procedure Act does not empower a magistrate to overturn a prior refusal by the Provincial Government to fund legal representation, nor does it authorize orders imposing financial obligations on the Province. The proper entity for providing legal represen…
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