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South Africa decisions
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N v N (CA&R22/2013) [2014] ZAECMHC 9 (26 February 2014)
The High Court remitted a maintenance appeal for a fresh enquiry after finding the magistrate had not properly established the appellant’s ability to pay.
S v Meintjies (CA&R 143/04) [2005] ZANCHC 81 (18 April 2005)
The conviction and sentence were set aside because the magistrate's conduct constituted gross irregularities that rendered the trial unfair. The magistrate improperly discouraged the appellant from requesting assessors, failed to correct the appellant's misconception about payment for assessors, and assumed the role of prosecutor by conducting all questioning, asking leading questions, and even giving evidence. These actions violated the appellant's right to a fair trial as established in S v Aubrey Titus and related cases. The High Court exercised its inherent review powers to intervene and…
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