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South Africa decisions
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S v Chukwumaka and Another (CA&R 104/2024) [2024] ZAECMKHC 63 (13 June 2024)
High Court special review set aside irregular convictions and sentences entered after an earlier plea of not guilty, and remitted the matter for completion of the original trial.
S v Kwaza and Others (SS68/2018) [2021] ZAWCHC 181; [2021] 4 All SA 906 (WCC); 2022 (1) SACR 64 (WCC) (9 September 2021)
The High Court granted defence counsel leave to withdraw after repeated delays, dishonest explanations, and double-booking, and referred the matter to the Legal Practice Council.
Chauke v S (A107/2014) [2018] ZAGPJHC 57 (23 March 2018)
The court found that the appellant was repeatedly informed of his right to legal representation and was represented by Legal Aid attorneys for significant portions of the proceedings. The magistrate explained the appellant's rights at all critical stages and provided adequate assistance. The alleged irregularities, including the magistrate's comments during cross-examination, did not amount to bias or vitiate the trial. The record did not reveal pervasive partisanship or unfairness. On the merits, the complainant's evidence was clear, consistent, and corroborated by medical evidence. The appe…
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