Sengama v S (306/13) [2013] ZASCA 96; 2013 (2) SACR 377 (SCA) (23 August 2013)
Court
Supreme Court of Appeal
Case number
306/13
Judges
Brand, Leach, Wallis
The SCA dismissed Sengama’s petition for leave to appeal and clarified that the amended section 316(10)(c) generally removes the automatic need to file the record.
Van Rooyen v S (CA&R 89/09) [2010] ZANCHC 2 (12 February 2010)
Court
Northern Cape High Court, Kimberley
Case number
CA&R 89/09
Judges
Lacock, Mjali
The court held that a reconstructed record was adequate for appeal, but the State failed to prove the breathalyzer results were reliable. The conviction was set aside.
Emergency Medical Supplies & Training CC v Health Professions Council of South Africa and Another (A15/2007) [2008] ZAWCHC 73 (12 December 2008)
Court
Western Cape High Court, Cape Town
Case number
A15/2007
Judges
Motala, Manca
The court held that the appeal under section 20 of the Health Professions Act, in circumstances where the decision was taken in the absence of the appellant and no formal record exists, is a wide appeal. The court is not restricted to the information before the decision-maker and may consider additional evidence. The notice of appeal was delivered within the statutory period, as the relevant date is when the decision was communicated to the appellant, not when it was made. The appellant prosecuted the appeal within a reasonable time, given the practical difficulties encountered. The responden…