South Africa Case Law

Mafe v Acting Director of Public Prosecutions Western Cape and Another (871/2022)

Mafe v Acting Director of Public Prosecutions Western Cape and Another (871/2022) [2022] ZAWCHC 63; 2022 (2) SACR 54 (WCC) (29 April 2022)

Court

Western Cape High Court, Cape Town

Case number

871/2022

Judges

J M Hlophe, R Wathen-Falken

The court found that the magistrate's referral of the applicant for psychiatric observation under section 78 of the Criminal Procedure Act was procedurally and substantively flawed. The magistrate failed to disclose the medical report to the applicant or his legal team, denied the applicant the opportunity to rebut the report, and did not record his own observations as required by section 77. The magistrate also displaced the bail application without justification, infringing the applicant's constitutional rights to liberty, dignity, and a fair trial. The principle of audi alteram partem was…

Source excerpt

• Psychiatric Observation
• Right To Bail
• Audi Alteram Partem
• Fair Trial Rights
• Criminal Procedure Act
• Constitutional Review

S v Mababso (50/2015)

S v Mababso (50/2015) [2015] ZAFSHC 83 (23 April 2015)

Court

Free State High Court, Bloemfontein

Case number

50/2015

Judges

LEKALE, MIA

High Court review setting aside a conviction and sentence for dagga possession because the accused’s bail, legal-aid, and fair-trial rights were not properly respected.

• Right To Bail
• Legal Aid
• Fair Trial Rights
• Sentencing Principles
• Criminal-review
• Bail-rights