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South Africa decisions
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Dinwa v Director of Public Prosecution and Another - Appeal (3176/2018) [2023] ZAECMHC 55 (1 November 2023)
The High Court dismissed an appeal challenging section 39(2)(c) of the Environmental Conservation Decree and upheld prosecution for building without a permit.
David v Regional Court Magistrate and Others (153/17) [2017] ZAECBHC 15; 2018 (1) SACR 702 (ECB) (14 November 2017)
The application was dismissed because no magistrate's decision was subject to review; the decision to proceed before the second respondent was lawful under section 118 of the Criminal Procedure Act, as the first respondent was unavailable and no evidence had been led. The applicant's legal representative agreed to the change, and no evidence of prejudice or grave injustice was presented. The alleged procedural defects regarding rule 53 were not material, as its provisions are not peremptory. The applicant failed to establish any factual or legal basis for the relief sought, and the continuati…
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O'Sullivan and Another v National Director of Public Prosecutions and Others (63929/2017) [2017] ZAGPPHC 655 (6 October 2017)
The court found that the applicants failed to establish urgency as required by Rule 6(12), having not set out explicit circumstances or reasons why substantial redress could not be afforded in due course. The NPA order did not create special rights beyond those provided by the Constitution and statute; the right to make representations accrues only after service of a charge sheet. The summons was lawfully issued and did not contravene the prior court order. The application was premature, as the applicants had not exercised their right to seek review. The application constituted an abuse of pr…
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Bennets and Others v National Director of Public Prosecutions and Others (25814/15) [2017] ZAGPPHC 464 (6 June 2017)
The High Court dismissed a late review of POCA prosecution authorisations, finding the withdrawal invalid, the delay unreasonable, and the attack on rationality speculative.
Zuma v Democratic Alliance and Others (836/2013) [2014] ZASCA 101; [2014] 4 All SA 35 (SCA) (28 August 2014)
The Supreme Court of Appeal held that the High Court correctly interpreted and enforced its previous order regarding the production of the record of decision to discontinue prosecution against Mr Zuma. The audio recordings and transcripts referenced in the NDPP's announcement were not confidential, as they had been publicly quoted and verified by the National Intelligence Agency, and their existence predated Mr Zuma's representations. No specific claim of confidentiality was made by Mr Zuma regarding any particular document, and the NDPP's office failed to assert or justify any such claim. Th…
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Ndluli v Wilken en Andere (378/89) [1990] ZASCA 107; 1991 (1) SA 297 (AD); [1991] 1 All SA 256 (A) (27 September 1990)
The court held that the special plea under section 106(1)(h) of the Criminal Procedure Act is not applicable to the circumstances alleged by the appellant. The plea concerns the authority of the individual prosecutor appearing in court, not the entitlement of the State to prosecute based on prior undertakings. The appellant's grievance was against the State's decision to prosecute despite an alleged agreement, not against the locus standi of the prosecutor in court. The regional magistrate was obliged to hear and decide the special plea, but the plea itself was misconceived and could not succ…
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