Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (CC82/2017)
Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (CC82/2017) [2017] ZAGPPHC 749 (14 November 2017)
The court held that BP was not entitled to plead to the charges at the hearing of 13 November 2017 because Uzani had not yet finalized the indictment and reasonable notice had not been given in light of BP's special pleas. The sequence of procedural steps must commence with Uzani delivering a final amended indictment, followed by the hearing of BP's application to compel documents, and only thereafter may BP object to the charges or plead. The court ruled that the application to compel documents should be dealt with in the same manner as the delivery of particulars under section 87 of the Cri…
Source excerpt
- Private Prosecution Under Nema
- Withdrawal Of Charges
- Costs Awards
- Special Pleas
- Fair Trial Rights
- Production Of Documents