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South Africa decisions
Decisions matching the current search
S v Mokoena (98/2011) [2011] ZAFSHC 57 (17 March 2011)
On special review, the High Court set aside a conviction entered under section 112(1)(a), holding the matter should have proceeded under section 112(1)(b).
Kudus Kloof Trust v Teni and Others (LCC 61R/2008) [2010] ZALCC 18 (22 April 2010)
On automatic review under ESTA, the Land Claims Court set aside a magistrate’s eviction order for failing to meet the statute’s peremptory requirements.
S v Gouws (A136/2008) [2008] ZAGPHC 42; 2008 (2) SACR 640 (T) (19 February 2008)
The court held that the prosecutor's decision to close the State's case without calling witnesses did not amount to a formal stopping of prosecution under section 6(b) of the Criminal Procedure Act, as there was no express invocation of that section or indication of acting under its authority. The magistrate acted properly in acquitting the accused due to lack of evidence, and there was no irregularity in the proceedings. The court found that it is not the function of the trial court to enquire into the prosecutor's authority unless the prosecutor expressly purports to stop the prosecution un…
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S v Metu (5032/2003) [2003] ZAWCHC 64 (25 November 2003)
On automatic review, the High Court set aside Linda Metu’s conviction and sentence because the charges were confused and the evidence did not prove guilt beyond reasonable doubt.
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