South Africa Case Law

Nzuza and Others v National Director of Public Prosecutions and Others (Leave to Appeal) (70192/17)

Nzuza and Others v National Director of Public Prosecutions and Others (Leave to Appeal) (70192/17) [2024] ZAGPPHC 1360 (27 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

70192/17

Judge

Mlambo

Condonation for the late filing of the application for leave to appeal was granted as the explanation, though lacking in detail, was reasonable and covered the entire period of delay. The application for leave to appeal was refused because the applicants failed to meet the threshold under section 17 of the Superior Courts Act. The invocation of section 173 of the Constitution to regulate abuse of court procedures was correct, as the delay in prosecuting the review was procedural and fell within the court's inherent jurisdiction. The test for undue delay was properly applied, with reference to…

Source excerpt

• Review Of Ndpp Decisions
• Section 173 Inherent Jurisdiction
• Undue Delay
• Access To Courts
• Condonation
• Rationality Of Prosecutorial Decisions

Mokoena v S (A117/2016)

Mokoena v S (A117/2016) [2024] ZAGPPHC 52 (8 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A117/2016

Judges

KJ Mogale, PD Phahlane

The High Court upheld the criminal appeal, set aside the conviction and sentence, and held that the State had not proved guilt beyond reasonable doubt.

• Automatic Leave To Appeal
• Miscarriage Of Justice
• Identification Evidence
• Incomplete Trial Record
• Section 173 Inherent Jurisdiction
• Criminal-appeal