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Mamburu v Jacobs and Another (2853/2022) [2024] ZANWHC 299 (9 December 2024)
The court upheld a lis alibi pendens plea in a defamation dispute, staying the claim pending related Equality Court proceedings and dismissing the other special pleas.
Joubert v S (642/2016) [2017] ZASCA 3; 2017 (1) SACR 497 (SCA) (3 March 2017)
The Supreme Court of Appeal held that the failure of the appellate court to give the appellant prior notice of its intention to increase the sentence constituted a fatal procedural irregularity and infringed the appellant's right to a fair trial. The State's attempt to seek an increase in sentence without obtaining leave to cross-appeal was also irregular. The appellant was materially prejudiced, as he was deprived of the opportunity to prepare adequately, withdraw his appeal, or make pointed submissions on the risk of a sentence increase. The court found that substantial miscarriage of justi…
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