Van der Walt and Another v Director of Public Prosecutions and Another - On Review (1176/2023)
Van der Walt and Another v Director of Public Prosecutions and Another - On Review (1176/2023) [2023] ZAECMKHC 117 (12 October 2023)
The applicants failed to provide sufficient detail regarding the charges or the grounds for their objections, rendering the review impossible. Their reliance on the Superior Courts Act is misplaced, as they did not allege any of the statutory grounds for review such as bias or corruption. The PAJA does not apply to judicial functions of magistrates or decisions to institute or continue prosecution. The applicants misconstrued the definition of administrative action and failed to establish any basis for impugning the competence of the prosecuting authority. The jurisdictional objection was not…
Source excerpt
- Review Of Magistrates Decision
- Permanent Stay Of Prosecution
- Jurisdiction Of Trial Court
- Administrative Action Exclusion
- Delay In Review
- Section 85 Objection