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South Africa Case Law

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Criminal Law [2025] ZAGPPHC 59

Mudolo and Others (CC/07/2023)

Mudolo and Others (CC/07/2023) [2025] ZAGPPHC 59 (24 January 2025)

The High Court dismissed accused 1 and 2’s section 342A application, finding their postponement bid was a tactical delay and not a bona fide funding issue.

  • Unreasonable Delay
  • Section 342a Application
  • Right To Fair Trial
  • Legal Representation
  • Postponement
  • Prejudice To State
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Criminal Law [2025] ZAGPPHC 13

S v Mudolo and Others (CC07/2023)

S v Mudolo and Others (CC07/2023) [2025] ZAGPPHC 13 (17 January 2025)

The court found that the delay in commencing the trial, spanning approximately four years since the arrest of accused 1 and 2, was unreasonable and primarily attributable to the conduct of accused 1, 2, and 3. Repeated challenges to representation, interlocutory applications, and attempts to alter the representation of accused 3 were found to be without merit and served only to delay proceedings. The State had complied with procedural requirements and suffered financial prejudice due to the reservation of expert witnesses and travel arrangements. The court held that the pronouncements regardi…

  • Unreasonable Delay
  • Section 342a Application
  • Fair Trial Rights
  • Representation Of Juristic Person
  • Pre Trial Procedure
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Criminal Law [2020] ZAGPPHC 514

Director of Public Prosecutions: Gauteng Division, Pretoria v Mathebula and Another (A110/2018)

Director of Public Prosecutions: Gauteng Division, Pretoria v Mathebula and Another (A110/2018) [2020] ZAGPPHC 514 (28 August 2020)

The High Court upheld an appeal against an acquittal after a regional magistrate closed the State’s case under section 342A without proper inquiry or notice.

  • Unreasonable Trial Delay
  • Section 342a Application
  • Technical Irregularity
  • Failure Of Justice
  • Unreasonable-trial-delay
  • Section-342a
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Criminal Law [2010] ZANWHC 16

S v Mokone (CA 01/10)

S v Mokone (CA 01/10) [2010] ZANWHC 16 (10 June 2010)

The court refused a permanent stay over a lost and reconstructed docket, but ordered the State to serve an indictment by 31 October 2010.

  • Right To Fair Trial
  • Permanent Stay Of Prosecution
  • Delay In Prosecution
  • Lost Docket
  • Section 342a Application
  • Permanent-stay-of-prosecution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.