S v Tshabalala (Leave to Appeal) (R12/2024)
S v Tshabalala (Leave to Appeal) (R12/2024) [2025] ZAMPMBHC 67 (2 July 2025)
The court held that the applicant failed to demonstrate any unusual circumstances that would justify granting leave to appeal against the remittal order. The general rule, supported by both statutory and case law, is that appeals should not be entertained before the conclusion of criminal trials except in exceptional cases. The alleged irregularities, including the interaction between the Acting Regional Magistrate and the complainant, did not amount to a failure of justice or warrant appellate intervention at this stage. The interests of justice require the finalization of the criminal trial…
Source excerpt
- Leave To Appeal
- Review Of Criminal Proceedings
- Irregularity In Trial
- Remittal Order
- Section 304a Review