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South Africa Case Law

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Administrative Law [2018] ZASCA 1

Basson v Hugo and Others (968/16)

Basson v Hugo and Others (968/16) [2018] ZASCA 1; [2018] 1 All SA 621 (SCA); 2018 (3) SA 46 (SCA) (17 January 2018)

Court
Supreme Court of Appeal
Case number
968/16
Judges
Shongwe, Seriti, Swain, Mokgohloa, Schippers

The Supreme Court of Appeal held that the appellant was not obliged to exhaust the internal remedy of appeal to the ad hoc appeal committee before seeking judicial review. The court found that the internal remedy was ineffective and inadequate in the circumstances, as the allegation of bias against committee members, if established, would render the proceedings a nullity. The appeal committee lacked the authority to set aside the proceedings as a whole, and the appellant would suffer irreparable harm if required to submit to a penalty imposed by potentially biased decision-makers. Exceptional…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Exhaustion Of Internal Remedies
  • Recusal For Bias
  • Fair Hearing
  • Disciplinary Proceedings
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Criminal Law [2014] ZAGPPHC 819

S v Monotshi (A720/14)

S v Monotshi (A720/14) [2014] ZAGPPHC 819 (9 October 2014)

Court
North Gauteng High Court, Pretoria
Case number
A720/14
Judges
E Bertelsmann, TJ Raulinga

The High Court held that the district magistrate had no jurisdiction to try the matter after transferring it to the Regional Court under section 115A of the Criminal Procedure Act. The subsequent decision by another magistrate to return the matter to the district court was unauthorized and created confusion. Furthermore, the trial magistrate should have recused herself after presiding over the bail application and learning of the accused's previous convictions, as this could reasonably be perceived as bias. The absence of the trial record prevented the court from making findings on whether th…

Source excerpt

  • Jurisdiction Of Magistrates
  • Recusal For Bias
  • Transfer Of Criminal Trial
  • Right To Legal Representation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.