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
Sayed and Another v Levitt NO and Another (AR101/2011, 5582/2010) [2012] ZAKZPHC 38; 2012 (2) SACR 294 (KZP) (25 June 2012)
The High Court reviewed and set aside a criminal trial because the ad hoc interpreter was not properly sworn and her competency was not established.
S v Rahlau (344/2010) [2010] ZAFSHC 74 (5 August 2010)
The court held that the complainant, as the accused's wife and the victim of the alleged contravention of a protection order, was both a competent and compellable witness for the prosecution under section 195(1)(a) of the Criminal Procedure Act. The magistrate's failure to explain the section to the complainant did not constitute a gross irregularity, as the statutory exception applied and the complainant's attitude was irrelevant in the circumstances. The court found no basis for extraordinary review of the unterminated proceedings, as no grave injustice or irreversible miscarriage of justic…
Source excerpt
Henderson and Others v Regional Magistrate: Northern Cape and Another (1332/2007) [2008] ZANCHC 36 (1 August 2008)
The court found that none of the grounds advanced by the Applicants for the recusal of the First Respondent were substantiated. Allegations of bias were based on hearsay, unproven psychiatric reports, and disputed facts, none of which were established on the correct facts or through admissible evidence. The Applicants and their experienced legal representatives failed to object to the First Respondent's conduct at relevant times, undermining claims of reasonable apprehension of bias. The court held that irritation and impatience by the presiding officer in a long and complex trial are not suf…
Source excerpt
S v Molelekwa (25/02) [2002] ZANWHC 11 (2 May 2002)
The High Court set aside pre-conviction proceedings after the magistrate’s services were terminated, holding the matter should start de novo if the prosecution wishes.
Explore more
