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South Africa Case Law

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Criminal Law [2025] ZAKZPHC 56

S v Zuma and Another (CCD30/2018)

S v Zuma and Another (CCD30/2018) [2025] ZAKZPHC 56 (3 June 2025)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
CCD30/2018
Judge
Chili

The court held that it is not competent to order the State to stop the prosecution under section 6 of the Criminal Procedure Act, as this discretion lies exclusively with the prosecuting authority. The relief sought by Thales and Mr Zuma was therefore not available. The court further found that the deaths of Messrs Maynot and Thétard, while unfortunate, did not amount to irreparable or insurmountable prejudice sufficient to justify stopping the prosecution or acquitting the accused. The alleged prejudice was speculative, and the availability and value of other witnesses could only be properly…

Source excerpt

  • Withdrawal Of Prosecution
  • Fair Trial Rights
  • Irreparable Prejudice
  • Section 6 Criminal Procedure Act
  • Section 172 Constitution
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Criminal Law [2023] ZANWHC 206

S v Gulekane (HC 04/23)

S v Gulekane (HC 04/23) [2023] ZANWHC 206 (14 November 2023)

Court
North West High Court, Mafikeng
Case number
HC 04/23
Judges
Reddy, Djaje

The withdrawal of the charge of malicious injury to property (count 2) by the prosecution after the accused had pleaded was a gross irregularity, as section 6(b) of the Criminal Procedure Act only permits stopping the prosecution after plea, which entitles the accused to acquittal. The accused was entitled to a verdict on that charge. Additionally, the procedure adopted by Magistrate Jacobs in calling on the accused to plead before proper disclosure and consultation with his legal representative violated the accused's constitutional rights to a fair trial under section 35(3)(a) and (b) of the…

Source excerpt

  • Withdrawal Of Charge
  • Fair Trial Rights
  • Gross Irregularity
  • Section 6 Criminal Procedure Act
  • Section 35 Constitution
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Criminal Law [2008] ZAGPHC 42

S v Gouws (A136/2008)

S v Gouws (A136/2008) [2008] ZAGPHC 42; 2008 (2) SACR 640 (T) (19 February 2008)

Court
High Courts - Gauteng
Case number
A136/2008
Judges
J N M Poswa, N M Mavundla

The court held that the prosecutor's decision to close the State's case without calling witnesses did not amount to a formal stopping of prosecution under section 6(b) of the Criminal Procedure Act, as there was no express invocation of that section or indication of acting under its authority. The magistrate acted properly in acquitting the accused due to lack of evidence, and there was no irregularity in the proceedings. The court found that it is not the function of the trial court to enquire into the prosecutor's authority unless the prosecutor expressly purports to stop the prosecution un…

Source excerpt

  • Stopping Of Prosecution
  • Section 6 Criminal Procedure Act
  • Acquittal After State Case Closed
  • Magistrate Review
  • Autrefois Acquit
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.