South Africa Case Law

S v Kirsch (A269/2013)

S v Kirsch (A269/2013) [2014] ZAWCHC 18; 2014 (2) SACR 419 (WCC) (19 February 2014)

Court

Western Cape High Court, Cape Town

Case number

A269/2013

Judges

J I Cloete, N J Yekiso

The court found that the magistrate's personal connections to a key witness and the witness's secretary created a reasonable suspicion of bias from the perspective of the accused. Although actual bias was not alleged, the appearance of bias is sufficient to require recusal. The High Court, exercising its inherent powers and review jurisdiction under the Constitution and relevant statutes, determined that the interests of justice necessitated setting aside the proceedings and ordering a new trial before a different magistrate. The court emphasized that fairness and the right to a fair trial ar…

Source excerpt

• Recusal Of Judicial Officer
• Appearance Of Bias
• Fair Trial Rights
• Review Powers Of High Court

S v Msani and Another (A2666/03)

S v Msani and Another (A2666/03) [2008] ZAGPHC 383 (9 June 2008)

Court

High Courts - Gauteng

Case number

A2666/03

Judges

B.R. Du Plessis, E. Jordaan

The High Court refused leave to appeal to the Supreme Court of Appeal because the underlying High Court appeal was still pending and had not been finalized.

• Leave To Appeal
• Review Powers Of High Court
• Robbery With Aggravating Circumstances
• Illegal Possession Of Firearm
• Kidnapping
• Criminal-appeal