South Africa Case Law

DBT Technologies Proprietary Limited v MHI Power ZAF Proprietary Limited and Others (20/44373)

DBT Technologies Proprietary Limited v MHI Power ZAF Proprietary Limited and Others (20/44373) [2023] ZAGPJHC 412 (2 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20/44373

Judge

S Yacoob

The High Court dismissed an application to amend a notice of motion, holding the proposed amendment did not advance the real issues and was not in the interests of justice.

• Amendment Of Notice Of Motion
• Contractual Dispute Resolution
• Dispute Adjudication Board
• Interests Of Justice
• Prejudice Test
• Amendment-of-notice-of-motion

Khoza and Another v S (1267/2017)

Khoza and Another v S (1267/2017) [2018] ZASCA 133; 2019 (1) SACR 251 (SCA) (28 September 2018)

Court

Supreme Court of Appeal

Case number

1267/2017

Judges

Maya P, Van der Merwe JA, Nicholls AJA

The Supreme Court of Appeal held that the appellants were only informed of the applicability of the Minimum Sentences Act after conviction, at a time when they were not legally represented and believed the trial judge was biased. This late notification deprived them of the opportunity to conduct their defence with full knowledge of the potential consequences, resulting in prejudice. The court found that there was a reasonable possibility that the appellants may have conducted their cases differently had they been informed at the outset. Accordingly, their right to a fair trial was infringed,…

Source excerpt

• Minimum Sentences Act
• Fair Trial Rights
• Prejudice Test
• Sentencing Irregularity