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Phukela in re S v Phukela (REV155/2023) [2024] ZALMPPHC 129 (20 September 2024)
High Court refused a special review of a partly heard magistrates’ court criminal trial, finding no proper application or exceptional basis to intervene.
DPP Limpopo v Patel & Another (REV85/2020) [2021] ZALMPPHC 29 (30 April 2021)
The High Court held that the Magistrate's Court did not have jurisdiction to entertain a renewed bail application after the accused had already appeared in the High Court for trial. Section 60(1)(b) of the Criminal Procedure Act must be interpreted to mean that, once the accused appears in the receiving court, exclusive jurisdiction over bail applications vests in that court. The Magistrate's grant of bail was irregular and invalid, as it effectively allowed forum shopping and undermined the High Court's previous order remanding the accused in custody. The court distinguished the present fact…
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Director of Public Prosecutions Gauteng Local Division, Johannesburg v Regional Magistrate, Krugersdorp and Another (2016/20222) [2017] ZAGPJHC 138 (16 May 2017)
The court found that the magistrate's decision to discharge the accused at the close of the State's case was a gross irregularity. The evidence established a prima facie case of unlawful killing, and the accused admitted to causing the death. Legal precedent requires that in such circumstances, the evidential burden shifts to the accused to rebut the presumption of unlawfulness, and a discharge under s 174 of the Criminal Procedure Act is not permissible. The magistrate's reasoning was flawed, as it misunderstood the State's aim and failed to apply the correct legal standards. The irregularit…
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