South Africa Case Law

S v Porritt and Another (SS 40/2006)

S v Porritt and Another (SS 40/2006) [2021] ZAGPJHC 381 (19 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

SS 40/2006

Judge

Spilg

The court held that the State lawfully obtained the letters of request under section 2(2) of the ICCMA, as the accused had not yet pleaded and proceedings had not commenced. The Constitutional Court and Supreme Court of Appeal have determined that section 2(2) applies prior to the commencement of proceedings and that the safeguards in section 5(2)(b) adequately protect the accused's fair trial rights. The accused's argument that the State deliberately withheld the institution of proceedings to frustrate their rights was rejected, as the law does not permit a section 2(1) application before th…

Source excerpt

• Admissibility Of Documentary Evidence
• International Cooperation In Criminal Matters
• Letters Of Request
• Fair Trial Rights
• Affidavit Evidence
• Constitutional Challenge

Randgold and Exploration Company Limited and Another v Gold fields Operations Limited and Others (27672/2008)

Randgold and Exploration Company Limited and Another v Gold fields Operations Limited and Others (27672/2008) [2019] ZAGPJHC 436; [2020] 1 All SA 491 (GJ); 2020 (3) SA 251 (GJ) (28 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

27672/2008

Judge

I Opperman

The court held that there is no enabling legislation or authority empowering a South African court to compel foreign courts to assist in obtaining evidence from witnesses abroad under compulsion via video-link. The Uniform Rules of Court provide for commission de bene esse as the appropriate mechanism, and the applicants failed to demonstrate that this alternative is inadequate. The subsidiarity principle precludes the court from bypassing existing rules and invoking constitutional powers to create new procedures. Official country profiles and expert opinions confirm that the foreign jurisdic…

Source excerpt

• Commission De Bene Esse
• Letters Of Request
• Video Link Evidence
• Subsidiarity Principle
• Judicial Comity
• Foreign Courts Evidence Act

Gardener and Another v Walters N.O. and Another (843/02)

Gardener and Another v Walters N.O. and Another (843/02) [2002] ZAWCHC 25; [2002] 3 All SA 702 (C); 2002 (5) SA 796 (C) (3 May 2002)

Court

Western Cape High Court, Cape Town

Case number

843/02

Judge

H C Nel

The court dismissed an application to set aside ex parte orders authorizing letters of request to Jersey for recognition of liquidators and asset investigation.

• Letters Of Request
• Recognition Of Foreign Liquidators
• Fiduciary Duties
• Ex Parte Applications
• Corporate Misconduct
• Letters-of-request