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South Africa decisions
Decisions matching the current search
S v Teu (R18/2023; CA&R36/2021; CA&R 24/2021) [2023] ZANCHC 92; 2024 (1) SACR 543 (NCK) (28 November 2023)
The High Court refused the accused’s recusal bid and sent the matter back to the Regional Court for further evidence before the same magistrate.
K.R.M v J.M.M (A161/2023) [2023] ZAGPPHC 1955 (27 November 2023)
Appeal against a divorce forfeiture order remitted to the court a quo because the record did not establish when the immovable property was acquired or owned.
Nkomo v S (979/2013) [2014] ZASCA 186 (26 November 2014)
The Supreme Court of Appeal upheld an appeal and remitted a rape case for further evidence after the complainant recanted in a post-trial letter.
Motsagki v S (2013/ A5043) [2014] ZAGPJHC 260 (14 October 2014)
The High Court set aside a rape conviction and life sentence, finding the trial unfair because key forensic and cellphone evidence was never properly investigated or led.
S v Toba and Another (ECJ 2004/019) [2004] ZAECHC 24; [2006] 4 All SA 492 (E); 2008 (1) SACR 415 (E) (26 August 2004)
The court found that the appellants failed to establish that they did not receive a fair trial. The decision by their attorney not to call them as witnesses was made after consultation and was within his professional discretion. The explanation for not leading further evidence was insufficient and did not meet the requirements for remittal. Furthermore, the application was fatally defective as it did not specify the evidence to be presented. The court held that the complainant's evidence was credible and properly tested in cross-examination, and the magistrate's judgment was sound. The convic…
Source excerpt
S v Hanuman (593/96) [1997] ZASCA 108; [1998] 1 All SA 254 (A) (27 November 1997)
The Supreme Court of Appeal refused a remittal based on the complainant’s recanting affidavit and upheld convictions and a six-year sentence for rape and indecent assault.
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