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South Africa decisions
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Patel v S (CC209/2015) [2023] ZALMPPHC 44 (4 July 2023)
The High Court dismissed an application to relax bail conditions and to recall a witness in an ongoing murder trial, finding no basis in justice or evidence.
State v Krejcir and Others (SS26/2014) [2015] ZAGPJHC 300 (14 April 2015)
The court found that the evidence accused 2 sought to introduce was new and relevant to the determination of the admissibility of his statement. Section 167 of the Criminal Procedure Act empowers the court to recall any witness, including an accused, if such evidence is essential to a just decision. The court determined that there was no procedural prejudice to the State that outweighed the interests of justice. The recall of accused 2 was necessary to ensure all relevant facts were before the court, and the application was granted.
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S v S (423/11) [2011] ZASCA 214 (29 November 2011)
The Supreme Court of Appeal set aside a rape conviction after finding inadmissible credibility opinion evidence, prejudice from refusal to recall witnesses, and serious trial irregularities.
Fortuin v S (A500/2006) [2008] ZAWCHC 217 (6 June 2008)
The High Court refused leave to appeal against a rape conviction, finding no reasonable prospects of success on law or fact.
S v M (397/2001) [2002] ZASCA 75; [2002] 3 All SA 599 (A); 2003 (1) SA 341 (SCA); 2002 (2) SACR 411 (SCA) (31 May 2002)
The Supreme Court of Appeal held that the remittal for further evidence was improperly granted, as the proposed evidence from Ngema and Khumbuza was irrelevant to the central issue of the appellant's identity as the perpetrator. The evidence of Ngema regarding the complainant's sexual history was inadmissible under s 227(2) of the Criminal Procedure Act, as it lacked relevance and served only to attack her credibility. The conduct of the investigating officer in intimidating Ngema was a serious irregularity, but did not result in a failure of justice because Ngema's evidence was inherently un…
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S v Sekobota [2002] ZAFSHC 3 (9 May 2002)
The High Court upheld an appeal against a rape conviction, finding the trial was irregular and the conviction unsafe. The conviction and sentence were set aside.
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