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South Africa decisions
Decisions matching the current search
Du Plessis v S (A267/11) [2011] ZAWCHC 522 (11 November 2011)
The High Court set aside a maintenance-order conviction and sentence after the appellant was denied the chance to cross-examine a witness, finding a procedural irregularity.
S v Msimango and Another (187/2005) [2009] ZAGPJHC 34; [2009] 4 All SA 529 (GSJ) ; 2010 (1) SACR 544 (GSJ) (27 July 2009)
The court held that no probative value should be attached to the evidence of a witness whose cross-examination was incomplete due to death or other absence, regardless of whether the witness was called by the prosecution, defence, or the court. This approach is justified by the constitutional right to adduce and challenge evidence, which includes the right to cross-examine. The court found that accepting such evidence would undermine the fairness of the trial and could not pass constitutional scrutiny. In the present case, although the deceased witness, Insp Obisi, was not the sole witness on…
Source excerpt
S v Zondi (29/2006) [2006] ZAFSHC 168 (12 October 2006)
On special review, the High Court set aside a conviction because the accused was not allowed to complete cross-examining the complainant.
S v Voorby (41/01) [2001] ZANWHC 31 (15 June 2001)
Review judgment setting aside convictions on two counts after a denial of cross-examination, and confirming only the count 3 conviction with a substituted sentence.
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