South Africa Case Law

Soomar v Kroon and Others (1584/06, ECJ138)

Soomar v Kroon and Others (1584/06, ECJ138) [2006] ZAECHC 38 (17 August 2006)

Court

High Courts - Eastern Cape

Case number

1584/06

Judge

Dambuza

The application was dismissed on the basis that it was brought after an unreasonable delay of 7.5 years, with insufficient explanation for the delay. The applicant failed to utilize the correct procedure and forum, as established by statutory and case law. The absence of the criminal record did not justify the use of review proceedings, and the applicant should have pursued established appeal procedures, such as applying for leave to appeal or a special entry under Section 317 of the Criminal Procedure Act. The High Court, sitting as a local division, lacked jurisdiction to review the decisio…

Source excerpt

• Judicial Review
• Unreasonable Delay
• Jurisdiction Of High Court
• Special Entry Criminal Procedure Act
• Loss Of Record

Mtotywa and Others v Director of Public Prosecutions (Mthatha) (CCT61/05)

Mtotywa and Others v Director of Public Prosecutions (Mthatha) (CCT61/05) [2005] ZACC 23; 2006 (4) BCLR 459 (CC) (14 December 2005)

Court

Constitutional Court

Case number

CCT61/05

Judges

Langa, Moseneke, Mokgoro, Ngcobo, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court dismissed a direct-access application by convicted prisoners seeking a special entry for alleged ineffective legal representation after appeals had been exhausted.

• Right To Fair Trial
• Ineffective Assistance Of Counsel
• Special Entry Criminal Procedure Act
• Direct Access
• Section 35 Constitution
• Direct-access