South Africa Case Law

Muravha v Minister of Police (179/2022)

Muravha v Minister of Police (179/2022) [2024] ZASCA 11; 2024 (4) SA 84 (SCA) (30 January 2024)

Court

Supreme Court of Appeal

Case number

179/2022

Judges

Mocumie, Carelse, Hughes, Goosen, Tokota

The Supreme Court of Appeal held that the absence of the trial record rendered it impossible for the full court to properly adjudicate the appeal, particularly where factual findings and credibility assessments were disputed. The attempts to reconstruct the record were inadequate, and both parties failed in their duty to preserve or reconstruct the record. The full court erred in assuming that the facts were not in dispute and in deciding the appeal without the record. The appellant was denied his constitutional right to a fair trial and appeal. Consequently, the only just remedy was to remit…

Source excerpt

• Lost Trial Record
• Reconstruction Of Record
• Fair Trial Right
• Misdirection On Facts
• Remittal For Rehearing

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020)

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 433 (17 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28472/2020

Judge

F Bezuidenhout

The High Court dismissed an unopposed application for leave to appeal, finding no reasonable prospect that another court would reach a different result.

• Leave To Appeal
• Reasonable Prospect Of Success
• Eviction
• Sale Agreement
• Misdirection On Facts
• Leave-to-appeal

S v Letokwe (638/03)

S v Letokwe (638/03) [2003] ZANCHC 50 (5 December 2003)

Court

Northern Cape High Court, Kimberley

Case number

638/03

Judges

SA Majiedt, HJ Lacock

High Court review setting aside a conviction where a single identifying witness was uncertain and the magistrate misdirected herself on the evidence.

• Identification Evidence
• Single Witness Rule
• Malicious Injury To Property
• Misdirection On Facts
• Criminal-law
• Identification-evidence