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South Africa Case Law

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Criminal Law [1997] ZASCA 11

S v Kroon (635/95)

S v Kroon (635/95) [1997] ZASCA 11; ; [1997] 2 All SA 330 (A); (14 March 1997)

The court dismissed a criminal appeal challenging an assessor’s participation after his medical retirement, holding there was no objective basis to find unfairness or invalidity.

  • Recusal Of Assessor
  • Objective Test For Bias
  • Procedural Irregularity
  • Competence Of Assessor
  • Criminal-appeals
  • Judicial-recusal
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Criminal Law [1989] ZASCA 175

S v Malindi and Others (174/89)

S v Malindi and Others (174/89) [1989] ZASCA 175; [1990] 4 All SA 433 (AD) (15 December 1989)

The court held that section 147(1) did not authorize removing an assessor on recusal grounds; the trial proceeded before an improperly constituted court.

  • Recusal Of Assessor
  • Proper Constitution Of Court
  • Audi Alteram Partem
  • Interpretation Of Criminal Procedure Act
  • Material Irregularity
  • Criminal-procedure-act
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Criminal Law [1989] ZASCA 114

S v Malindi and Others (115/89)

S v Malindi and Others (115/89) [1989] ZASCA 114; [1990] 4 All SA 45 (AD) (25 September 1989)

The court granted a separate preliminary hearing on a special entry, amended the entry, and limited the record to Annexure A subject to supplementation.

  • Recusal Of Assessor
  • Procedural Fairness
  • Special Entries
  • Irregularity In Trial
  • Audi Alteram Partem
  • Separate Hearing Of Issues
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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.