Botha and Others v Regional Magistrate, Springs and Others (A807/2015)
Botha and Others v Regional Magistrate, Springs and Others (A807/2015) [2017] ZAGPPHC 128 (28 March 2017)
The High Court declined to review the magistrate's ruling on admissibility of evidence during an unconcluded criminal trial. The court held that its review powers should be exercised sparingly and only in rare cases of grave injustice or where justice cannot otherwise be attained. The magistrate's ruling was interlocutory and subject to change if new evidence emerges. The applicants' uncertainty regarding the case they must meet does not constitute exceptional circumstances justifying intervention at this stage. The proper remedy is to appeal after the trial concludes. Accordingly, the applic…
Source excerpt
- Admissibility Of Evidence
- Trial Within A Trial
- Interlocutory Orders
- Review Of Magistrate Decisions
- Constitutional Rights
- Provisional Admissibility