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South Africa Case Law

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Criminal Law [2025] ZAKZPHC 56

S v Zuma and Another (CCD30/2018)

S v Zuma and Another (CCD30/2018) [2025] ZAKZPHC 56 (3 June 2025)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
CCD30/2018
Judge
Chili

The court held that it is not competent to order the State to stop the prosecution under section 6 of the Criminal Procedure Act, as this discretion lies exclusively with the prosecuting authority. The relief sought by Thales and Mr Zuma was therefore not available. The court further found that the deaths of Messrs Maynot and Thétard, while unfortunate, did not amount to irreparable or insurmountable prejudice sufficient to justify stopping the prosecution or acquitting the accused. The alleged prejudice was speculative, and the availability and value of other witnesses could only be properly…

Source excerpt

  • Withdrawal Of Prosecution
  • Fair Trial Rights
  • Irreparable Prejudice
  • Section 6 Criminal Procedure Act
  • Section 172 Constitution
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Administrative Law [2017] ZAGPPHC 791

Freedom Under Law (RF) NPC v National Director of Public Prosecutions and Others (89849/2015)

Freedom Under Law (RF) NPC v National Director of Public Prosecutions and Others (89849/2015) [2017] ZAGPPHC 791; 2018 (1) SACR 436 (GP) (21 December 2017)

Court
North Gauteng High Court, Pretoria
Case number
89849/2015
Judges
Tlhapi, Mothle, Wright

The Full Bench found that the decision to withdraw charges against Ms Jiba was irrational and unlawful, as it was based on a material error of law regarding section 78 of POCA, which does not afford immunity for intentional criminal conduct such as fraud and perjury. The NDPP and Regional Head failed to provide adequate and rational reasons for the withdrawal, and their after-the-fact explanations could not cure the defect. The President's failure to suspend and institute inquiries into the fitness of Jiba and Mrwebi to hold office in the NPA was irrational and unlawful, given the serious adv…

Source excerpt

  • Legality Principle
  • Irrationality Review
  • National Prosecuting Authority Act
  • Suspension Of Public Officials
  • Withdrawal Of Prosecution
  • Separation Of Powers
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Administrative Law [2014] ZASCA 58

National Director of Public Prosecutions and Others v Freedom Under Law (67/2014)

National Director of Public Prosecutions and Others v Freedom Under Law (67/2014) [2014] ZASCA 58; 2014 (4) SA 298 (SCA); 2014 (2) SACR 107 (SCA); [2014] 4 All SA 147 (SCA) (17 April 2014)

Court
Supreme Court of Appeal
Case number
67/2014
Judges
Mthiyane DP, Navsa JA, Brand JA, Ponnan JA, Maya JA

The Supreme Court of Appeal held that the decisions to withdraw criminal charges by the National Prosecuting Authority are reviewable on the principle of legality, not under PAJA, due to policy considerations and statutory exclusions. The withdrawal of charges was not merely provisional but final, and the failure to act in accordance with the empowering statute rendered the decision unlawful. The Commissioner of Police's termination of disciplinary proceedings and reinstatement of Mdluli constituted administrative action reviewable under PAJA, and the absence of reasons or evidence of indepen…

Source excerpt

  • Principle Of Legality
  • Promotion Of Administrative Justice Act
  • Withdrawal Of Prosecution
  • Disciplinary Proceedings
  • Separation Of Powers
  • Locus Standi
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.