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South Africa Case Law

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Family And Children [2023] ZAKZDHC 82

S.H.G v T.S.P and Others (1622/23P)

S.H.G v T.S.P and Others (1622/23P) [2023] ZAKZDHC 82 (31 August 2023)

The court dismissed an interlocutory application to reinstate a discharged domestic violence interim order, finding no substantiated bias by the magistrate.

  • Domestic Violence Act
  • Interim Protection Order
  • Recusal Of Magistrate
  • Rule Nisi
  • Costs Punitive
  • Bias And Impartiality
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Criminal Law [2016] ZAGPPHC 680

Diels v S (A520/16)

Diels v S (A520/16) [2016] ZAGPPHC 680 (8 August 2016)

The High Court held that a magistrate’s recusal after hearing a bail application made the part-heard proceedings a nullity and ordered the matter reheard de novo.

  • Recusal Of Magistrate
  • Domestic Violence Act
  • Bail Pending Appeal
  • Nullity Of Part Heard Proceedings
  • Magistrate-recusal
  • Bail-pending-appeal
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Criminal Law [2009] ZAGPPHC 367

Moolman v S (A362/2009)

Moolman v S (A362/2009) [2009] ZAGPPHC 367 (8 December 2009)

Criminal appeal against conviction for attempted murder and sentence. The court rejected recusal and credibility complaints, and confirmed the conviction and sentence.

  • Attempted Murder
  • Credibility Of Witnesses
  • Medical Evidence
  • Recusal Of Magistrate
  • Attempted-murder
  • Recusal
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Criminal Law [2009] ZAGPPHC 339

S V Mnisi (Rh138/2005, A453/09)

S V Mnisi (Rh138/2005, A453/09) [2009] ZAGPPHC 339 (27 May 2009)

The High Court refused a premature special review of incomplete criminal proceedings and remitted the rape case to the trial court for finalization.

  • Criminal Procedure Act Section 304
  • Review Jurisdiction
  • Intermediary Application
  • Recusal Of Magistrate
  • Criminal-procedure
  • Judicial-review
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Criminal Law [2008] ZAGPHC 486

S v Magagula (SH224/07)

S v Magagula (SH224/07) [2008] ZAGPHC 486 (9 December 2008)

The High Court set aside Louis Magagula’s rape conviction after finding that the magistrate’s conduct in bail proceedings created a reasonable apprehension of bias.

  • Fair Trial Rights
  • Judicial Bias
  • Recusal Of Magistrate
  • Bail Application Procedure
  • Fair-trial-rights
  • Judicial-bias
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Criminal Law [2005] ZANCHC 78

S v Mazeleni and Others (CA & R 224/04)

S v Mazeleni and Others (CA & R 224/04) [2005] ZANCHC 78 (23 February 2005)

The High Court dismissed an appeal against robbery convictions, finding the identification evidence reliable, similar fact evidence admissible, and the recusal complaint unfounded.

  • Robbery With Aggravating Circumstances
  • Identification Evidence
  • Similar Fact Evidence
  • Unlawful Possession Of Firearms
  • Recusal Of Magistrate
  • Identification-evidence
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