South Africa Case Law

Savoi and Others v National Prosecuting Authority and Another (5867/2013P)

Savoi and Others v National Prosecuting Authority and Another (5867/2013P) [2021] ZAKZPHC 7; [2021] 2 All SA 578 (KZP); 2021 (2) SACR 278 (KZP) (29 January 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5867/2013P

Judges

Steyn, Kruger, Henriques

The applicants failed to establish a factual foundation for their claim of legal professional privilege over the listed documents. The descriptions provided in annexure K were generic and lacked sufficient detail to enable the court to determine privilege. The open court principle is constitutionally entrenched and may only be departed from in special cases, which the applicants did not prove. The Nkosi AJ order remains binding and precludes this court from considering the privileged documents until the criminal court decides on privilege. The court lacks jurisdiction over the Northern Cape m…

Source excerpt

• Open Court Principle
• Legal Professional Privilege
• In Camera Hearings
• Special Case Exception
• Jurisdiction
• Confidentiality Undertakings

Minister of Police v Vowana and Another (884/2014)

Minister of Police v Vowana and Another (884/2014) [2019] ZAECMHC 5; [2019] 2 All SA 172 (ECM); 2019 (4) SA 297 (ECM); 2019 (2) SACR 148 (ECM) (14 February 2019)

Court

Eastern Cape High Court, Mthatha

Case number

884/2014

Judges

T Malusi, M S Jolwana

High Court review set aside a magistrates’ court judgment after finding the magistrate let the plaintiff’s attorney rewrite it, undermining impartiality and legality.

• Judicial Independence
• Gross Irregularity
• Condonation For Delay
• Unlawful Abuse Of Judicial Authority
• Right To Fair Trial
• Open Court Principle

S v Thomas en Ander (SS12/2010)

S v Thomas en Ander (SS12/2010) [2011] ZAWCHC 534 (30 November 2011)

Court

Western Cape High Court, Cape Town

Case number

SS12/2010

Judge

Fortuin R

The Western Cape High Court refused an in camera hearing under section 153, but protected the identities of prior witnesses and barred publication of those details.

• Open Court Principle
• Witness Protection
• Publication Ban
• Identity Protection
• Open-court-principle
• Witness-protection

S v Thomas en Anders (SS12/2010)

S v Thomas en Anders (SS12/2010) [2011] ZAWCHC 412 (25 October 2011)

Court

Western Cape High Court, Cape Town

Case number

SS12/2010

Judge

Fortuin R

The court found that the murder of six potential witnesses in this matter constituted exceptional circumstances justifying deviation from the open court principle. The risk to the safety of the witness Staggie, who is part of the witness protection programme, outweighed the prejudice to the defence. The court held that it was in the interests of justice, as contemplated in section 153(1) of the Criminal Procedure Act and section 74(1)(b)(i) of the Prevention of Organised Crime Act, that Staggie's testimony be heard in camera, his identity protected, and publication of related information proh…

Source excerpt

• Open Court Principle
• Witness Protection
• In Camera Testimony
• Identity Protection
• Publication Ban