Mokoena v Magistrate Nekosie and Others (A05/2020)
Mokoena v Magistrate Nekosie and Others (A05/2020) [2024] ZAFSHC 253 (6 May 2024)
The court found that the Regional Court has jurisdiction to adjudicate criminal offences, including those arising from alleged misrepresentations in employment contracts, and that the applicant's reliance on the Basic Conditions of Employment Act and cited cases was misplaced. The applicant failed to provide a bona fide and satisfactory explanation for his repeated requests for postponement, which were found to be tactical maneuvers to delay prosecution. The court held that the interests of justice and public interest required finality and that no further postponement should be granted. The r…
Source excerpt
- Jurisdiction Of Regional Court
- Exclusive Labour Court Jurisdiction
- Review Of Magistrate Decisions
- Postponement Principles
- Abuse Of Process
- Stalingrad Defence