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South Africa decisions
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Maditse v CCMA and Others (JR 2725/2019) [2021] ZALCJHB 69 (28 May 2021)
The Labour Court refused condonation for a late review of an arbitration award and dismissed the review, finding no viable basis to upset the dismissal ruling.
S v Matee (R08/2020) [2020] ZAFSHC 130 (28 May 2020)
The conviction was set aside because the trial court failed to establish the competency of the traffic operator who set up the speed measuring device and did not confirm that the calibration certificate was shown to the accused. These omissions constitute irregularities that undermine the reliability of the evidence and the fairness of the proceedings. The court emphasized that all elements of the offence must be admitted and proven, including the proper functioning and setup of the speed measuring device by a qualified person.
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S v Khambule (R07/2020) [2020] ZAFSHC 77 (13 March 2020)
On special review, the High Court set aside a speeding conviction and sentence after finding procedural irregularities about the speed device and record.
S v Bolae (R79/2018) [2019] ZAFSHC 203 (19 September 2019)
The court found that the accused did not admit all the elements of the offence in his guilty plea, specifically regarding his awareness and the technical aspects required for conviction under section 59 of the National Road Traffic Act. The magistrate failed to ensure that the accused admitted the recorded speed, the proper functioning of the speed measuring device, and the competence of the traffic operator, as required by State v Phuzi. Consequently, the proceedings were not in accordance with justice, and both the conviction and sentence must be set aside. The Director of Public Prosecutio…
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