Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mathabatha v Kgomeswana and Others - Review (REV142/23) [2023] ZALMPPHC 96 (16 October 2023)
High Court review of a magistrate’s altered order: the court held the magistrate went beyond correcting a patent error and set aside the proceedings and orders.
Jojwana v Regional Court Magistrate and Another (5435/17) [2018] ZAECMHC 54; 2019 (6) SA 524 (ECM) (11 September 2018)
The High Court held that the striking of the matter from the roll by the magistrate did not terminate the proceedings but merely suspended them, allowing for reinstatement upon proper application. The magistrate did not exceed his powers, as the removal and striking from the roll are implied in Rule 31 of the magistrates' court rules, and the applicant was not entitled to unilaterally remove the matter without consent or leave of the court. The applicant failed to attend court or tender costs, despite being forewarned, and was not prejudiced by the costs order made in his absence. The applica…
Source excerpt
Seaview Plant Hire and Civil Contractors CC and Another v Lukhanji Precast CC (4126/2015) [2017] ZAECGHC 105 (29 June 2017)
The High Court dismissed an application to set aside a magistrate’s transfer order, finding the removal to High Court was by consent and not a nullity.
Rabupape v S (A907/2014) [2014] ZAGPPHC 948; 2015 (2) SACR 497 (GP) (2 December 2014)
The magistrate erred by ordering diversion for the child accused without the prosecutor's indication that diversion was appropriate, as required by section 52(1)(e) of the Child Justice Act. Furthermore, there was no evidence that the views of the victim's family or the investigating officer were considered, as mandated for Schedule 2 offences. These procedural irregularities constitute a gross irregularity in the proceedings. The High Court has jurisdiction to review and set aside such orders in the interest of justice, even where the accused was legally represented. The diversion order is t…
Source excerpt
Explore more
