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South Africa decisions
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Mochebelele v Director of Public Prosecutions, Gauteng and Others (377/2018) [2019] ZASCA 82; 2019 (2) SACR 231 (SCA) (31 May 2019)
The SCA held that a magistrate in an extradition enquiry cannot weigh extraneous or humanitarian factors; those are for the Minister under the Extradition Act.
S v Ngema (SOC 117/10, SOC 124/04) [2012] ZANWHC 12 (26 April 2012)
High Court special review of irregular criminal proceedings involving a missing record. Both sets of proceedings were set aside and the matter ordered to start de novo.
Zulu and Others v Majola (467/2000) [2002] ZASCA 56; [2002] 4 All SA 530 (SCA); 2002 (5) SA 466 (SCA) (29 May 2002)
The Supreme Court of Appeal held that a magistrate could substitute a deceased-estate representative while the estate remained unfinished.
S v Mawelewele and Another (106/2001) [2001] ZANWHC 46 (1 November 2001)
Review judgment confirming conviction for stock theft and upholding a compensation order, but substituting the sentence with a properly worded suspended term.
S v Relela, S v Olyn (B390/99, G400/99) [2000] ZANWHC 5 (16 February 2000)
The court held that the magistrates correctly applied sections 77(6) and 78(6) of the Criminal Procedure Act by finding the accused not capable of understanding proceedings and not criminally responsible due to mental illness, and ordering their detention. The phrase 'pending the signification of the decision of a judge in chambers' does not require immediate judicial confirmation of the magistrates' orders; it only becomes relevant when the Director of Public Prosecutions presents a report for further directions regarding the accused's release or continued detention. There is no basis for re…
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