South Africa Case Law

Orange Flamingo (Pty) Ltd v Member of the Executive Council Responsible for Public Works in the Eastern Cape and Another (909/2019)

Orange Flamingo (Pty) Ltd v Member of the Executive Council Responsible for Public Works in the Eastern Cape and Another (909/2019) [2022] ZAECBHC 24 (1 September 2022)

Court

Eastern Cape High Court, Bhisho

Case number

909/2019

Judge

Zilwa

The High Court refused late leave to file a counterclaim after trial had begun, finding no adequate explanation for the delay and likely prejudice.

• Counterclaim Late Filing
• Rule 24 Uniform Rules
• Condonation
• Litis Contestatio
• Trial Prejudice
• Counterclaim

Oguegbu v National Director of Public Prosecutions and Another (86184/2017)

Oguegbu v National Director of Public Prosecutions and Another (86184/2017) [2019] ZAGPPHC 177 (28 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

86184/2017

Judge

N Janse Van Nieuwenhuizen

The court found that the applicant failed to establish that the loss or destruction of the voice recordings and money resulted in insurmountable prejudice to his defence or rendered a fair trial impossible. The evidence in question was not crucial to the charge of dealing in or possession of heroin, and the applicant's allegations of deliberate deletion were speculative and unsupported by facts. The court further held that the seriousness of the offence weighed against granting the relief sought. Accordingly, the application for a permanent stay of prosecution was dismissed.

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• Permanent Stay Of Prosecution
• Right To Fair Trial
• Section 35 Constitution
• Loss Of Evidence
• Trial Prejudice

Zambodla v Director of Public Prosecutions,Grahamstown (1475/2018)

Zambodla v Director of Public Prosecutions,Grahamstown (1475/2018) [2019] ZAECGHC 10 (12 February 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

1475/2018

Judge

M Roberson

The court found that while the applicant had endured a lengthy initial trial and a substantial delay before recommencement, the delay was largely attributable to factors outside the State's control, including staff shortages and illness. The applicant failed to establish significant trial prejudice, as the charges were not complex, the transcript and documentary evidence were available, and his plea statement was detailed. Financial and social prejudice were acknowledged but not found to be decisive. The seriousness of the charges, particularly fraud involving public funds, weighed against gr…

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• Permanent Stay Of Prosecution
• Right To Fair Trial
• Unreasonable Delay
• Trial Prejudice
• Municipal Finance Management Act
• Fraud

S v Chonco (SS69/2012)

S v Chonco (SS69/2012) [2017] ZAGPJHC 278 (26 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

SS69/2012

Judge

Spilg

The court granted leave to appeal against convictions for murder and firearm offences, considering whether a pre-arrest statement was admissible and whether consultation prejudice was shown.

• Admissibility Of Extra Curial Statements
• Right To Legal Represention
• Self Defence
• Trial Prejudice
• Criminal-law
• Admissibility-of-statements

M3D Developers (Pty) Ltd and Another v National Director of Public Prosecutions N.O and Others (M372/2014)

M3D Developers (Pty) Ltd and Another v National Director of Public Prosecutions N.O and Others (M372/2014) [2015] ZANWHC 70 (29 October 2015)

Court

North West High Court, Mafikeng

Case number

M372/2014

Judge

Kgoele

The court found that the applicants failed to provide sufficient detail or proof regarding the documents allegedly seized and not returned. The respondents provided inventories and police dockets listing the items returned, and a forensically sound image of the lost laptop was made available to the applicants. The court held that disputes regarding the existence and return of documents, and any resulting prejudice, are matters for the trial court to determine. The applicants did not establish irreparable trial prejudice or infringement of their right to a fair trial sufficient to warrant a st…

Source excerpt

• Stay Of Prosecution
• Trial Prejudice
• Loss Of Evidence
• Right To Fair Trial

Seoe and Another v Deputy Director of Public Prosecutions of the Free State (2648/2013)

Seoe and Another v Deputy Director of Public Prosecutions of the Free State (2648/2013) [2014] ZAFSHC 212 (27 November 2014)

Court

Free State High Court, Bloemfontein

Case number

2648/2013

Judge

N P Jaji

The High Court dismissed an application for a permanent stay of prosecution, holding that the applicants had not proved actual trial prejudice from delay.

• Permanent Stay Of Prosecution
• Trial Prejudice
• Unreasonable Delay
• Section 35 Rights
• Section 342a Criminal Procedure Act
• Costs In Constitutional Litigation

McGregor v Asmal NO and Another (11224/11)

McGregor v Asmal NO and Another (11224/11) [2012] ZAKZPHC 20 (3 April 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11224/11

Judge

K Swain

High Court review of a refusal to stay a rape prosecution failed. The court held the applicant did not show grave, definite, trial prejudice.

• Permanent Stay Of Prosecution
• Trial Prejudice
• Chain Of Evidence
• Abuse Of Process
• Sexual Offences
• Review Proceedings

Naidoo v S (A 293/2011)

Naidoo v S (A 293/2011) [2011] ZAWCHC 448; 2012 (2) SACR 126 (WCC) (6 December 2011)

Court

Western Cape High Court, Cape Town

Case number

A 293/2011

Judges

Binns-Ward, Cloete

The court held that magistrates' courts do not have jurisdiction to grant a permanent stay of prosecution for delays occurring before the commencement of criminal proceedings. Such jurisdiction is not conferred by the Magistrates' Courts Act, the Criminal Procedure Act, or the Constitution. Section 342A of the Criminal Procedure Act only addresses intra-curial delay, not pre-trial delay. The appellant's application for a permanent stay, based on alleged prejudice from lost documents and unavailable witnesses, did not establish irremediable trial prejudice. The remedy sought was radical and no…

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• Permanent Stay Of Prosecution
• Unreasonable Delay
• Jurisdiction Of Magistrates Courts
• Constitutional Right To Fair Trial
• Customs And Excise Act
• Trial Prejudice

Moodley v Health Professions Council of South Africa and Another ([2011] 3 All SA 88 (GNP))

Moodley v Health Professions Council of South Africa and Another ([2011] 3 All SA 88 (GNP)) [2010] ZAGPPHC 242; 73859/2009 (9 December 2010)

Court

North Gauteng High Court, Pretoria

Case number

73859/2009

Judge

E M Makgoba

The court found that the fifteen-month delay between the decision to hold a formal inquiry and the service of the charge-sheet was unreasonable, avoidable, and not credibly justified by the respondents. The applicant suffered irreparable trial-related prejudice due to the death of Mr Hari, a key witness, which rendered her defence on count 3 deficient and compromised the fairness of the proceedings. The nature of the alleged misconduct, being a breach of professional ethics rather than a crime, further diminished the societal interest in prosecution. The refusal to stay prosecution on count 3…

Source excerpt

• Promotion Of Administrative Justice Act
• Unreasonable Delay
• Stay Of Prosecution
• Trial Prejudice
• Professional Conduct Inquiry

Els v P.S and Others (812/2008)

Els v P.S and Others (812/2008) [2009] ZANCHC 5 (13 March 2009)

Court

Northern Cape High Court, Kimberley

Case number

812/2008

Judges

Majiedt, Tlaletsi

The High Court granted a permanent stay of a private rape prosecution, finding that a 40-year delay would cause irreparable trial prejudice and an unfair trial.

• Permanent Stay Of Prosecution
• Unreasonable Delay
• Fair Trial Rights
• Private Prosecution
• Section 35 Constitution
• Trial Prejudice