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South Africa decisions
Decisions matching the current search
Phukela in re S v Phukela (REV155/2023) [2024] ZALMPPHC 129 (20 September 2024)
High Court refused a special review of a partly heard magistrates’ court criminal trial, finding no proper application or exceptional basis to intervene.
Minister of Police v Nobumba N.O and Another (1585/2022) [2023] ZAECQBHC 11 (2 March 2023)
The court held that the applicant's reliance on PAJA was misplaced, as decisions of judicial officers are expressly excluded from its ambit. The proper route for review of magistrates' court proceedings is under section 22 of the Superior Courts Act, which limits review to specific procedural irregularities. The applicant's complaint related to the result of the proceedings, not the method, and thus constituted grounds of appeal rather than review. No gross irregularity or reviewable error was established. Accordingly, the application for review was dismissed with costs.
Source excerpt
Petra Nera Body Corporate v Sekgala (2017/8951) [2020] ZAGPJHC 195 (26 August 2020)
The court granted provisional sequestration after finding substantial unpaid levies and municipal charges, and rejected the respondent’s Rule 37A and due-and-payable objections.
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