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D.T v Magistrate Bester and Others (3376/2022) [2023] ZAFSHC 334 (23 August 2023)
The High Court reviewed a magistrate’s bare acquittal on a private perjury prosecution and ordered a proper section 310(1) response with reasons.
Sibiya v National Director of Public Prosecutions and Others (2292/2020) [2021] ZAMPMBHC 41 (8 September 2021)
The court held that the applicant failed to exhaust internal remedies as required by section 7(2)(a) of PAJA and the NPA's internal policy directives. The refusal by the Deputy Director of Public Prosecutions to appeal under section 310 of the Criminal Procedure Act was not a final decision, as the applicant was obliged to petition the National Director of Public Prosecutions before approaching the court for review. The application was therefore premature and must be dismissed. The court further found that no exceptional circumstances or formal application for exemption under section 7(2)(c)…
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