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South Africa Case Law

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Criminal Law [2015] ZANWHC 12

Tshabalala v S (CC 101/03)

Tshabalala v S (CC 101/03) [2015] ZANWHC 12 (12 March 2015)

The High Court refused condonation and leave to appeal against conviction, and dismissed applications for special entries and questions of law.

  • Leave To Appeal
  • Condonation
  • Special Entries
  • Prospects Of Success
  • Criminal Procedure Act
  • Leave-to-appeal
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Criminal Law [2011] ZASCA 119

Masoanganye v S (252/2011)

Masoanganye v S (252/2011) [2011] ZASCA 119; 2012 (1) SACR 292 (SCA) (7 July 2011)

The Supreme Court of Appeal held that the special entries relied upon by the appellants did not qualify under section 318 of the Criminal Procedure Act, as they concerned attacks on rulings made during proceedings and did not relate to irregularities not appearing on the record. Therefore, the notices of appeal filed in the Supreme Court of Appeal were irregular and had to be set aside. The court found no factual basis for the appellants' belief that the full bench of the High Court would defer to the trial judge due to her position as judge president. Regarding bail, the trial court failed t…

  • Bail Pending Appeal
  • Special Entries
  • Flight Risk
  • Leave To Appeal
  • Sentencing
  • Trial Irregularities
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Criminal Law [2011] ZASCA 88

Staggie v S (38/10)

Staggie v S (38/10) [2011] ZASCA 88; 2012 (2) SACR 311 (SCA) (27 May 2011)

The appeal was not properly prosecuted, with an unexplained and inexcusable delay of nearly seven years in filing the record and no application for condonation. No valid special entries were made, and the grounds advanced for appeal were insufficient and unsupported by argument or reference to the record. The trial court's discretionary rulings under sections 153 and 158 of the Criminal Procedure Act were correct and not susceptible to successful challenge. The appellant failed to demonstrate any miscarriage of justice or reasonable prospects of success. Accordingly, the appeal was struck fro…

  • Failure To Prosecute Appeal
  • Special Entries
  • Video Evidence
  • In Camera Proceedings
  • Witness Protection
  • Fair Trial Rights
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Criminal Law [1989] ZASCA 114

S v Malindi and Others (115/89)

S v Malindi and Others (115/89) [1989] ZASCA 114; [1990] 4 All SA 45 (AD) (25 September 1989)

The court granted a separate preliminary hearing on a special entry, amended the entry, and limited the record to Annexure A subject to supplementation.

  • Recusal Of Assessor
  • Procedural Fairness
  • Special Entries
  • Irregularity In Trial
  • Audi Alteram Partem
  • Separate Hearing Of Issues
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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.