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South Africa Case Law

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Criminal Law [2025] ZAGPJHC 151

Nthai v S (SS33/2022)

Nthai v S (SS33/2022) [2025] ZAGPJHC 151 (14 February 2025)

The High Court judge recused himself after finding a close relationship with a material witness created a reasonable apprehension of bias in a criminal trial.

  • Recusal Of Judge
  • Conflict Of Interest
  • Fair Trial Rights
  • Credibility Of Witnesses
  • Judge-recusal
  • Reasonable-apprehension-of-bias
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Criminal Law [2024] ZAGPPHC 1159

S v Mudolo and Another (Recusal) (CC7/2023)

S v Mudolo and Another (Recusal) (CC7/2023) [2024] ZAGPPHC 1159 (8 November 2024)

The High Court refused leave to appeal against its recusal ruling in a criminal trial, finding no reasonable prospect of success or evidence of bias.

  • Recusal Of Judge
  • Leave To Appeal
  • Judicial Impartiality
  • Criminal Procedure Act
  • Superior Courts Act
  • Recusal
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Civil Procedure [2024] ZAFSHC 368

Van Den Berg v Land and Agricultural Development Bank of South Africa and Others (1955/2016)

Van Den Berg v Land and Agricultural Development Bank of South Africa and Others (1955/2016) [2024] ZAFSHC 368 (8 November 2024)

The High Court recused the presiding judge in a recusal application, finding that prior remarks could create a reasonable perception of bias.

  • Recusal Of Judge
  • Reasonable Apprehension Of Bias
  • Fair Trial Rights
  • Judicial Impartiality
  • Judicial-recusal
  • Reasonable-apprehension-of-bias
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Land And Property [2024] ZASCA 149

Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022)

Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022) [2024] ZASCA 149; [2025] 1 All SA 1 (SCA); 2025 (3) SA 183 (SCA) (4 November 2024)

The Supreme Court of Appeal held that the Land Claims Court was correct to separate and decide the 'community issue' under rule 57(1)(c), as it was a discrete legal question capable of separate determination. The evidence established that the Mavundulu Community did not exist as a community as defined in the Restitution Act at the time of dispossession; their occupation and use of the land after 1913 was as labour tenants and farm workers, not under shared rules of a community. The lay and expert evidence failed to prove the existence of a cohesive group with rights derived from common rules.…

  • Restitution Of Land Rights Act
  • Community Definition
  • Costs Orders
  • Recusal Of Judge
  • Judicial Independence
  • Separation Of Issues
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Civil Procedure [2024] ZASCA 142

Singh v Body Corporate of St Tropez (386/2023)

Singh v Body Corporate of St Tropez (386/2023) [2024] ZASCA 142 (21 October 2024)

The Supreme Court of Appeal set aside a provisional sequestration order after finding the presiding judge should have recused herself for apparent conflict of interest.

  • Recusal Of Judge
  • Conflict Of Interest
  • Sequestration Application
  • Judicial Conduct
  • Reasonable Apprehension Of Bias
  • Recusal-of-judge
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Civil Procedure [2024] ZAGPJHC 975

Mazibo v Mahlangu and Others (038392/2023)

Mazibo v Mahlangu and Others (038392/2023) [2024] ZAGPJHC 975 (30 September 2024)

The High Court dismissed a recusal application and leave to appeal after finding allegations of bias against the judge were unfounded and the plea attacks irrelevant.

  • Recusal Of Judge
  • Exception Procedure
  • Leave To Appeal
  • Costs Order
  • Unprofessional Conduct
  • Judicial-recusal
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Criminal Law [2024] ZANWHC 226

Moatshe v S (CA36/2021)

Moatshe v S (CA36/2021) [2024] ZANWHC 226 (6 September 2024)

The appeal court found no material misdirection in the trial court's evaluation of the evidence. The circumstantial evidence, including the donkey cart tracks, the recovery of the stolen fridge, and the hostile witness statement, sufficiently linked the appellant to the offence. The appellant's decision not to testify left the prima facie case against him unrebutted, and the totality of the evidence excluded any reasonable doubt about his guilt. Regarding sentence, the court held that the three-year imprisonment was appropriate, considering the seriousness of the offence, the appellant's prev…

  • Housebreaking With Intent To Steal
  • Theft
  • Admission Of Hostile Witness Statement
  • Evaluation Of Circumstantial Evidence
  • Sentencing Principles
  • Recusal Of Judge
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Labour Law [2024] ZALCJHB 520

Harold v Lucy and Others (J222/24)

Harold v Lucy and Others (J222/24) [2024] ZALCJHB 520 (5 June 2024)

The applicant failed to satisfy the legal test for recusal, as he did not provide substantial grounds for a reasonable apprehension of bias. The mere fact that the judge had previously ruled against the applicant does not constitute bias. The Labour Court does not have jurisdiction to determine claims for criminal offences or damages under COIDA. The application was not urgent and was procedurally defective. Accordingly, the recusal application was dismissed and the main application was struck off the roll for lack of jurisdiction.

  • Recusal Of Judge
  • Jurisdiction
  • Compensation For Occupational Injuries And Diseases Act
  • Urgent Application
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Constitutional Law [2024] ZASCA 82

AfriForum v Economic Freedom Fighters and Others (1105/2022)

AfriForum v Economic Freedom Fighters and Others (1105/2022) [2024] ZASCA 82; [2024] 3 All SA 319 (SCA); 2024 (10) BCLR 1275 (SCA); 2024 (6) SA 1 (SCA) (28 May 2024)

The Supreme Court of Appeal held that the application for recusal of Acting Justice Keightley did not meet the objective test for bias, as her prior remarks did not demonstrate a reasonable apprehension of partiality. The issue estoppel defence was rejected because the interests of justice and equity did not support barring AfriForum's complaint, given the constitutional importance of the issues and the lack of complete identity of parties. On the merits, the Court found that the singing of 'Dubula ibhunu' and 'Shisa lamabhunu' by the respondents, in the context of EFF political events, did n…

  • Hate Speech
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Freedom Of Expression
  • Issue Estoppel
  • Recusal Of Judge
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Criminal Law [2024] ZASCA 72

Maritz v S (81/2023)

Maritz v S (81/2023) [2024] ZASCA 72; 2024 (2) SACR 412 (SCA) (8 May 2024)

The court held that the appellant failed to establish, on objective facts, a reasonable apprehension of bias on the part of the presiding judge. Each ground advanced—revocation of bail, alleged activism, request for reports, and communication with another judge—was individually scrutinised and found to be without merit. The revocation of bail, even if erroneous, was subject to appeal and did not indicate bias. The judge's association with a judicial organisation and possession of a symbolic item did not establish partiality. The alleged request for a victim impact report was not substantiated…

  • Recusal Of Judge
  • Reasonable Apprehension Of Bias
  • Right To Fair Trial
  • Revocation Of Bail
  • Judicial Impartiality
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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.