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South Africa Case Law

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Criminal Law [2022] ZAWCHC 26

Korver v Regional Magistrate, Specialised Crime Court, Bellville, Western Cape and Others (12891/2021)

Korver v Regional Magistrate, Specialised Crime Court, Bellville, Western Cape and Others (12891/2021) [2022] ZAWCHC 26 (4 March 2022)

Court
Western Cape High Court, Cape Town
Case number
12891/2021
Judges
J Cloete, L Nuku

The court found that the magistrate's order compelling the defence to disclose the provisional auditor's report was irregular, as the applicant was not afforded an opportunity to be heard, violating the audi alteram partem principle. However, upon examining the contents of the report and the circumstances of its disclosure, the court concluded that the irregularity did not result in irremediable prejudice to the applicant's fair trial rights. The report contained mostly information that would be available to the State and complainants in any event, and the applicant failed to demonstrate that…

Source excerpt

  • Audi Alteram Partem
  • Permanent Stay Of Prosecution
  • Pre Trial Disclosure
  • Fair Trial Rights
  • Prevention Of Organised Crime Act
  • Judicial Irregularity
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Criminal Law [2016] ZASCA 15

Du Toit v The Magistrate and Others (733/2015)

Du Toit v The Magistrate and Others (733/2015) [2016] ZASCA 15; [2016] 2 All SA 328 (SCA); 2016 (2) SACR 112 (SCA) (11 March 2016)

Court
Supreme Court of Appeal
Case number
733/2015
Judges
Ponnan, Cachalia, Petse, Mbha, Victor

The Supreme Court of Appeal held that while the accused has a constitutional right to disclosure of the evidence against him, this right is not absolute and must be balanced against the privacy and dignity interests of the children depicted in the images. The prosecution's offer of private viewing at a secure location was sufficient to meet the requirements of a fair trial, given the compelling need to prevent further duplication and distribution of child pornography. The court found that the high court erred in treating the right to disclosure as absolute and failing to consider the counterv…

Source excerpt

  • Pre Trial Disclosure
  • Child Pornography
  • Fair Trial Rights
  • Best Interests Of Child
  • Constitutional Limitation
  • Privacy Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.