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South Africa decisions
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Nelson v Potgieter and Others (2504/2020) [2023] ZAECMKHC 81 (8 August 2023)
High Court review dismissed: a seven-and-a-half-year delay was unreasonable, and the applicant failed to show a gross irregularity or unfair trial.
Communicare NPC v Acting Magistrate Burgins and Others (14664/2022) [2023] ZAWCHC 117 (24 May 2023)
The court found that the first respondent, Ms Burgins, had published and associated herself with hostile opinions about the applicant on social media prior to presiding over the eviction application. These posts demonstrated a passionate and adverse interest in the applicant's affairs, including allegations of corruption and calls for deregistration. The court held that these circumstances gave rise to a reasonable apprehension of bias, and that Ms Burgins was under an ethical and legal duty to recuse herself. Her failure to do so rendered the proceedings before her a nullity. The court furth…
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S v Molale (SS29/2021) [2021] ZAGPJHC 72 (25 June 2021)
The bail proceedings before the Regional Magistrate were grossly irregular and a nullity because bail was granted without the accused adducing the necessary evidence as required by section 60(11) of the Criminal Procedure Act. Both the State and defence agreed that the proceedings were irregular. The Regional Magistrate conceded the irregularity, admitting he was unaware of the multiple charges and the State's opposition to bail. The statutory requirements for bail in serious offences are peremptory, and failure to comply vitiates the proceedings. The interests of justice require that the irr…
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National Director of Public Prosecutions v Hein N.O. and Others (A145/2017; ss31/2015) [2021] ZAGPJHC 361 (1 June 2021)
The High Court dismissed a state review of a magistrate’s interlocutory ruling excluding evidence in an ongoing criminal trial, holding no exceptional circumstances were shown.
Sulani v Mathiya and Another (246/2018) [2018] ZAECPEHC 2; 2018 (2) SACR 157 (ECP) (2 February 2018)
Section 67(1) of the Criminal Procedure Act does not require immediate execution of a warrant of arrest upon an accused's non-appearance. The provision is silent on execution timing and must be interpreted in conformity with constitutional rights, including liberty, dignity, and family life. The magistrate was obliged to issue the warrant and provisionally cancel bail, but had discretion to stay execution, especially where the absence was due to legitimate medical reasons, such as the applicant's recent caesarean section. The restrictive interpretation adopted by the magistrate was incorrect…
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