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South Africa decisions
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Mbeki and Another v Calata and Others (005245/2025) [2025] ZAGPPHC 753 (1 August 2025)
The High Court dismissed Thabo Mbeki and Brigitte Mabandla’s bid to intervene, holding they lacked a direct and substantial interest in the main case.
Rodrigues v National Director of Public Prosecutions and Others (1186/2019) [2021] ZASCA 87; [2021] 3 All SA 775 (SCA); 2021 (2) SACR 333 (SCA) (21 June 2021)
The Supreme Court of Appeal held that the extraordinary delay in prosecuting the appellant, while partly attributable to political interference, did not result in demonstrable trial-related prejudice sufficient to justify a permanent stay of prosecution. The periods of delay were either due to the operation of law, historical circumstances, or executive decisions, but none irreparably tainted the fairness of the trial. The appellant's rights under section 35(3)(d) of the Constitution were not infringed, as he was furnished with the police docket, indictment, and particulars, and any issues re…
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S v Zuma and Another (CCD30/2018, D12763/2018) [2019] ZAKZDHC 19; [2019] 4 All SA 845 (KZD); 2020 (2) BCLR 153 (KZD) (11 October 2019)
The court held that neither Mr Zuma nor Thales established definitive trial prejudice resulting from the delay in prosecution. The delays were largely systemic, and both parties contributed through litigation. The seriousness of the charges, including corruption and racketeering, outweighed any claimed prejudice. The NDPP was empowered by s 179(2) of the Constitution and s 22(1) of the NPA Act to re-institute prosecution, and the decision was rational and in accordance with prosecution policy. The withdrawal of charges against Thales was based on a false premise, and the re-institution restor…
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Rodrigues v National Director of Public Prosecutions of South Africa and Others (76755/2018) [2019] ZAGPJHC 159; [2019] 3 All SA 962 (GJ); 2019 (2) SACR 251 (GJ) (3 June 2019)
The court found that while there was an unreasonable delay in prosecuting the applicant, primarily due to political interference between 2003 and 2017, this delay did not result in irreparable trial prejudice. The applicant's claims of faded memory and loss of witnesses were not sufficient to taint the fairness of the trial, as the State bears the burden of proof and the applicant has access to the full docket and legal representation. Age and infirmity are not bars to prosecution and are considered at sentencing. The interests of justice, the need for accountability for serious crimes, and t…
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Rodrigues v National Director of Public Prosecutions of South Africa and Others (76755/2018) [2019] ZAGPPHC 236 (3 June 2019)
The court found that while there was an unreasonable delay in prosecuting the applicant, primarily due to political interference between 2003 and 2017, this delay did not result in trial prejudice sufficient to warrant a permanent stay of prosecution. The applicant's claims of memory loss and unavailable witnesses were not shown to irreparably taint the fairness of the trial, especially as the burden of proof remains with the State. The interests of justice, the seriousness of the offence, and the need for accountability in the context of South Africa's history outweighed the applicant's clai…
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Msengana-Ndlela v Nelson Mandela Bay Metropolitan Municipality (3282/2013) [2015] ZAECPEHC 31 (19 May 2015)
The High Court held that sustained political interference breached the municipal manager’s employment contract and awarded damages and costs.
National Director of Public Prosecutions v Zuma (8652/08) [2008] ZAKZHC 77 (22 October 2008)
The High Court granted the National Director of Public Prosecutions leave to appeal to the Supreme Court of Appeal on 16 grounds arising from the September 2008 judgment.
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