South Africa Case Law

S v Samuels (15726/2015, SH3/65/15, 8/15)

S v Samuels (15726/2015, SH3/65/15, 8/15) [2015] ZAWCHC 144 (9 October 2015)

Court

Western Cape High Court, Cape Town

Case number

15726/2015

Judges

A.G. Binns-Ward, L.J. Bozalek

The High Court held that there is no statutory or binding judicial requirement for magistrates to refer orders made under section 78(6) of the Criminal Procedure Act for automatic review. The practice suggested in S v Ramokoka and S v Maluka is not binding and is contrary to the established authority in this Division, particularly S v Blaauw. The accused was legally represented, and there was no indication of irregularity or concern in the proceedings. Therefore, the referral for special review was unnecessary, and magistrates should only refer such matters for review if there is a specific r…

Source excerpt

• Criminal Procedure Act Section 78
• Automatic Review
• Mental Health Care Act Section 47

S v Vithi (CA&R5/09)

S v Vithi (CA&R5/09) [2009] ZAECBHC 6 (13 July 2009)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R5/09

Judges

LD Kemp, C T Sangoni

High Court review of a murder-related fitness-to-stand-trial finding. The magistrate’s section 77 orders were set aside, and detention pending a judge’s decision was ordered.

• Criminal Procedure Act Section 77
• Mental Health Care Act Section 47
• Jurisdiction Of Magistrates Courts
• Fitness To Stand Trial
• Criminal-procedure-act-section-77
• Mental-health-care-act-section-47