South Africa Case Law

S v Mdluli and Others (CC3/2021)

S v Mdluli and Others (CC3/2021) [2024] ZAGPPHC 353 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC3/2021

Judge

Mosopa

The court found that the delay in commencing the trial, primarily due to accused 1's unresolved review application regarding police funding for legal fees, is unreasonable and causes substantial prejudice to the State, accused 2 and 3, and witnesses. The court held that while accused 1 has a constitutional right to legal representation and to pursue review proceedings, this right is not absolute and must be balanced against the rights of other accused and the interests of justice. The court noted that accused 2 and 3 have consistently indicated readiness to proceed to trial and suffer prejudi…

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• Unreasonable Delay
• Section 342a Criminal Procedure Act
• Right To Fair Trial
• Legal Funding
• Constitutional Rights

Lenkopane v S (CA 13/2023; R/CA91/2019)

Lenkopane v S (CA 13/2023; R/CA91/2019) [2024] ZANWHC 33; 2024 (1) SACR 607 (NWM) (16 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 13/2023; R/CA91/2019

Judges

Petersen, Dewrance

The High Court upheld a criminal appeal against rape convictions after finding that postponement refusals, lack of legal representation, and medical neglect undermined a fair trial.

• Fair Trial Rights
• Legal Representation
• Section 342a Criminal Procedure Act
• Constitutional Rights
• Procedural Irregularity
• Fair-trial-rights

Ndlovu v S (268/2022)

Ndlovu v S (268/2022) [2023] ZAMPMHC 24; 2023 (2) SACR 358 (ML) (14 July 2023)

Court

Middelburg High Court, Mpumalanga

Case number

268/2022

Judge

Legodi JP

The High Court dismissed an application for a permanent stay of rape proceedings, finding the delay was largely caused by the applicant and that trial should continue.

• Permanent Stay Of Prosecution
• Unreasonable Delay
• Fair Trial Rights
• Recusal Of Judicial Officer
• Section 342a Criminal Procedure Act
• Section 35 Constitution

Taylor v Regional Court Magistrate, Nemavhidi and Another (12398/19)

Taylor v Regional Court Magistrate, Nemavhidi and Another (12398/19) [2023] ZAGPJHC 604 (31 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

12398/19

Judges

Thupaatlase, Johnson

The High Court held that the regional magistrate's court correctly found it lacked jurisdiction to grant a permanent stay of prosecution based on pre-trial delay or constitutional grounds. The court relied on established precedent, notably S v Naidoo and Van der Walt v DPP, which confirm that such relief must be sought in the High Court. Section 342A of the Criminal Procedure Act provides remedies only for eliminating delay in pending proceedings, not for terminating prosecutions. The applicant failed to demonstrate actual, significant prejudice, relying instead on hypothetical claims regardi…

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• Permanent Stay Of Prosecution
• Jurisdiction Of Magistrates Court
• Unreasonable Delay
• Section 342a Criminal Procedure Act
• Constitutional Right To Fair Trial

Pavier v National Public Prosecutions and Another (63914/2021)

Pavier v National Public Prosecutions and Another (63914/2021) [2022] ZAGPPHC 738 (29 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

63914/2021

Judge

P N Manamela

High Court malicious prosecution claim dismissed: the plaintiff failed to prove lack of reasonable and probable cause or malice.

• Malicious Prosecution
• Wrongful Arrest
• Reasonable And Probable Cause
• Animus Injuriandi
• Section 342a Criminal Procedure Act
• Malicious-prosecution

S v Kwaza and Others (SS68/2018)

S v Kwaza and Others (SS68/2018) [2021] ZAWCHC 181; [2021] 4 All SA 906 (WCC); 2022 (1) SACR 64 (WCC) (9 September 2021)

Court

Western Cape High Court, Cape Town

Case number

SS68/2018

Judge

Gamble

The High Court granted defence counsel leave to withdraw after repeated delays, dishonest explanations, and double-booking, and referred the matter to the Legal Practice Council.

• Unreasonable Delay In Criminal Proceedings
• Withdrawal Of Counsel
• Section 342a Criminal Procedure Act
• Professional Misconduct
• Wasted Costs
• Legal Aid Representation

Lethoko and Another v Minister of Defence and Another (4338/2019)

Lethoko and Another v Minister of Defence and Another (4338/2019) [2021] ZAFSHC 160; 2021 (2) SACR 661 (FB) (16 August 2021)

Court

Free State High Court, Bloemfontein

Case number

4338/2019

Judge

Opperman

The court found that the delay in finalising the criminal proceedings, spanning from 2006 to 2021, was caused by all parties involved, including the presiding officers, applicants, and the first respondent. Despite the lengthy delay, the charges against the applicants are serious, involving theft from their employer and the public. The evidence against the applicants is strong, and they are represented by experienced counsel. The court held that the applicants did not suffer trial-related prejudice sufficient to justify a permanent stay of prosecution; other prejudices, such as loss of promot…

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• Stay Of Prosecution
• Unreasonable Delay
• Fair Trial Rights
• Section 342a Criminal Procedure Act
• Constitutional Rights
• Costs Orders

Director of Public Prosecutions v Tsupa and Others (65/2019)

Director of Public Prosecutions v Tsupa and Others (65/2019) [2021] ZAFSHC 80 (31 March 2021)

Court

Free State High Court, Bloemfontein

Case number

65/2019

Judge

Daniso

The court found that the applicant's amended notice of motion was procedurally defective and a nullity due to non-compliance with the rules of court regarding amendments. The application for reservation of a question of law under section 319 was incompetent because such reservation must be made by the trial court during the trial, not after acquittal when the court is functus officio. The applicant's reliance on Mokgotho was misplaced, as that case involved a reservation made at the trial court. The court further found that the applicant had been pre-warned of the provisions of section 342A a…

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• Reservation Of Question Of Law
• Section 319 Criminal Procedure Act
• Section 342a Criminal Procedure Act
• Leave To Appeal
• Costs Punitive Scale

Essop v National Director of Public Prosecutions and Others (7122/19P)

Essop v National Director of Public Prosecutions and Others (7122/19P) [2020] ZAKZPHC 57 (5 October 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7122/19P

Judge

Koen

The High Court dismissed an application for a permanent stay of a retried murder prosecution, holding that the applicant had not shown significant prejudice.

• Permanent Stay Of Prosecution
• Fair Trial Rights
• Unreasonable Delay
• Prejudice To Accused
• Section 35 Constitution
• Section 342a Criminal Procedure Act

Ramabele v S; Msimango v S (CCT 232/17; CCT 207/18)

Ramabele v S; Msimango v S (CCT 232/17; CCT 207/18) [2020] ZACC 22; 2020 (11) BCLR 1312 (CC) ; 2020 (2) SACR 604 (CC) (16 September 2020)

Court

Constitutional Court

Case number

CCT 232/17; CCT 207/18

Judges

Mogoeng, Froneman, Jafta, Khampepe, Majiedt, Mhlantla, Tshiqi, Victor

The Constitutional Court found that the applicants were afforded ample opportunity to secure legal representation and that the trial court acted reasonably in refusing further postponements. The applicants' repeated requests for postponement, without concrete steps to secure counsel, amounted to unreasonable delay and were detrimental to the interests of justice and their co-accused. The trial judge explained the relevant rights and procedures, including section 342A of the Criminal Procedure Act, and ensured the applicants understood the consequences of their actions. The judge's frustration…

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• Fair Trial Rights
• Judicial Bias
• Unreasonable Delay
• Legal Representation
• Section 342a Criminal Procedure Act
• Leave To Appeal