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South Africa decisions
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Minister of Police v Manyoni (A5067/2021; 41499/18) [2022] ZAGPJHC 613 (17 August 2022)
Full Bench appeal held that the trial judge’s remarks created a reasonable apprehension of bias, so the trial judgment was set aside and the case sent back for a new hearing.
Mahon v Mahon and Others (14918/2008) [2009] ZAWCHC 106 (29 July 2009)
The court held that the right to execute a provisional sentence derives from the common law and is not precluded by Rule 8 or Rule 45. The history and practice of provisional sentence in South African law support the immediate execution of provisional sentence upon the provision of adequate security de restituendo. The applicant's argument that execution must wait until the provisional sentence becomes a final judgment is inconsistent with both the theory and practice of provisional sentence. The constitutional challenge based on section 34 was rejected, as the procedure is an extraordinary r…
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