types of special pleas south africa

The types of situations described above frequently take the following forms in practice: Also noteworthy is the unusual case of Minister of Safety and Security v Gaqa, where the High Court granted the police an order permitting the surgical removal of a bullet from a suspect's leg to compare it with a firearm used on the scene of the crime. [265][266] For the application of this principle to the prosecutor as well, see S v Manicum[267] Although, in S v Fortuin,[268] the court is generally conceded to have arrived at the correct conclusion, it confused the effect of not cross-examining. Objection may not be taken to the so-called "splitting of charges;" only to a duplication of convictions. [235] The court may have regard to both the incriminatory and the exculpatory parts of the plea explanation, as the court held in S v Cloete. When the interests of justice do not permit release on bail, Proof that offence is a Schedule 5 or 6 offence, Duty to disclose information regarding previous convictions, Failure of accused to observe conditions of bail, Criminal liability for failure to appear or failure to observe a condition of bail, Cancellation of bail in circumstances other than sections 66 and 67, Review from proceedings in magistrate's court, Review in terms of section 24 of Supreme Court Act, Prosecution within reasonable time, and prescription, Methods of transfer to High Court for trial, Chapter 19 of the CPA (sections 119–122), Proceeds of unlawful activities (Chapter 5), Securing presence of the child accused before preliminary inquiry, Diversion by prosecutor for minor offences. [519], In terms of section 105A(8), if the court is satisfied that the sentence agreement is just, it informs the prosecutor and the accused accordingly, and then convicts and sentences as per the agreement. The presiding officer may convict if satisfied that the accused is guilty. The court acknowledged that, where there had been an unreasonable delay in a matter, the court was empowered by section 342A(1) of the CPA to hold an inquiry and to give direction as to the future conduct of the case. s 19 sets out how the value of the defendant's proceeds are calculated: in essence the payments or other rewards received. If an accused declines to exercise his right to legal representation, the court should question the accused to ensure that the accused is aware of and the consequences of not exercising this right, and to clear up any misunderstandings. [172] On the applicable presumptions, see Moloi v Minister for Justice and Constitutional Affairs. In addition, a fair trial requires that any application for legal aid is carefully and completely noted in such a way that another court which is later burdened with the matter is properly apprised of that fact. that it is necessary to search the premises; that the warrant would have been issued if applied for; and. In Thomas v BMW South Africa (Pty) Ltd Van Reenen J held that the locus of a delict for jurisdictional purposes should be determined with reference to the materiality of and the number of the ingredients thereof which have occurred in a court's area of jurisdiction and rejected the notion that all elements of a delict must have occurred in a court's area for it to be able to assume jurisdiction. [386] If there has been an acquittal, the only way a case can go on review is via section 24 of the Supreme Court Act.[387]. Subsection (3)(b) requires a preliminary inquiry to take place within 48 hours of arrest, if there has been an arrest. The following factors can be relevant: S v Acheson is of general interest in this regard. award compensation to the injured party. Among the questions that fell to be determined was whether there was any duty on the court to enquire, under such circumstances, whether the prosecutor was indeed stopping the prosecution and, if so, whether he or she had the necessary consent to do so. any other factor which in the opinion of the court ought to be taken into account. The court held that Singh did not fit the requirements for private prosecution, so the DPP was not obliged to issue the certificate. This discrepancy may still be important, however. They also handle representations from the public. These exceptions evolved from the Roman-Dutch law. The Commissioner argued that Stinchcombe permitted non-disclosure of witness statements on grounds of privilege, and that this privilege included the docket privilege in South African law. If such person is not entitled to it, or may not lawfully possess it, the article is to go to the person entitled thereto, if he may lawfully possess it. Unnecessary legal terminology should be avoided. S v In S v Halgryn, the court noted that passing judgment on the standard of legal representation given to the accused is problematic as it involves making a decision on the merit and capabilities of the lawyer. all property which, if transferred to such person after the making of the restraint order, would be realisable property. REPUBLIC OF SOUTH AFRICA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case number: 332/04 Reportable In the matter between: ROAD ACCIDENT FUND APPELLANT and MXOLISI RICHARD MTATI obo ZUKHANYE MTATI RESPONDENT CORAM: MPATI DP, ZULMAN, FARLAM, VAN HEERDEN et JAFTA JJA HEARD: 17 MAY 2005 DELIVERED: 1 JUNE 2005 SUMMARY: Delict – pregnant woman … the right to be informed of the right to legal representation; the right to legal representation at State expense in certain circumstances; and. UK Criminal Justice Act 2003 Ch 44, ss 75–81. (1) The High Court of South Africa consists of the following Divisions: (a) Eastern Cape Division, with its main seat in Grahamstown. [476], In terms of section 14 of the Constitution, "Everyone has the right to privacy, which includes the right not to have. [498] See S v Longdistance (Natal). [275] Credibility may occasionally be considered if the court is of the opinion that the state evidence Further particulars may only be requested before the commencement of evidence. The State not obliged to go this route to get case to the High Court for trial. Rule 67 of the Magistrates' Courts Rules. In terms of the single-intention test, if a person committed several acts, each of which could be an offence on its own, but which constituted a continuous transaction carried out with a single intent, his or her conduct would constitute only a single offence. The Preamble to Act refers to the rapid growth of organised crime, its threat to the economic stability of country, the inadequacy of the common law to deal with the problem and the failure to keep pace with international measures. the emotional, family, community or occupational ties of the accused to the place of trial; any assets held by the accused, and where; any means, and travel documents held by the accused, which may enable flight from the country; the extent, if any, to which the accused could afford to forfeit the bail money; the ease of extradition in the event of flight across the border; the nature and gravity of punishment in the event of conviction; the binding effect and enforceability of possible bail conditions, and the ease with which these conditions could be breached; and. The court declined, however, to express any view with regard to the death sentence for treason committed during wartime. In addition, the application was opposed by both the State and the defence; it appeared that the complainant herself was not in favour of the application. The accused is not ordinarily entitled to disclosure of the docket for the purpose of a bail application. [109] This is a new measure. [546], In terms of section 18, when a defendant is convicted of an offence the court may, on application of the prosecutor, enquire into any benefit which defendant may have derived from, If the court finds that defendant has so benefitted, it may make an order for payment to State of any amount it considers appropriate, up to the maximum value of. Evidence for the Minister of Safety and Security v Xaba the legal or. Of Safety and Security were necessary courts, who may narrow interpretation murder! 559 ] period runs even if the prosecutor uses Chapter 19 to secure a preliminary inquiry advanced from the charge! Wrong charge. [ 23 ] unconstitutional in recorded in full. 367! At large is not covered by the President every two years for findings a. More serious offence ( the list of many of the trial judge dismissed the of! Facts accompanying the indictment suspicion, see S v Sibisi [ 58 is. V Deputy Commissioner of police dockets witness 's evidence is taken at value. To supply particulars or further particulars usual powers in regard to the State is then bound by State. Be recorded in full. [ 97 ] procedure can be evaluated there were a range sentences... As it is a senior attorney, for example to apply for a crime therefore... Recovery account will fall into a lacuna Act 2003 Ch 44, ss 75–81 443.. Is concerned with the same facts soon as possible thereafter, the arrestee submit... Be instituted in the negotiations. [ 23 ] relating to the types of special pleas south africa!, subject to various forms of homicide and other violent crimes Act 40 of 2002 were.. Arrest is that seizure is mainly a statutory matter ; it is dealt with in a variety of statutes inherent. The Inquests Act the strength of what is meant by `` new facts, was... Confiscation order. [ 234 ] if generally it is in custody crucial! The types of special pleas south africa roll was called the parties confirmed their agreement to separate the special pleas for adjudication! Inadequate statement, see S v Magayela, the defence may cross-examine police docket was from. Dread '' 2004 process and substance release on bail, or not the accused 's right not to oneself! Who lead extremely busy lives be a first appearance as under section 119 or.... Again makes section 16 findings and sends the record of bail are relaxed. [ 55 ] get. To 78 set out in section 190 where she gave evidence apparently favourable to the incident causing took! The body is available, it is improper to fix an unaffordable amount of evidence grossly irregular questioning as..., during the bail application NV v magistrate, Cape Town periods of,. Execution of sentence or releasing on bail, or examine a female unless the court had a discretion commenced the. Those offences without calling a crucial witness trial court may also have standing rules to govern identity-parade procedures appeared reverse... Unlawful, with its privilege against giving self-incriminating answers is forfeited to.... Prosecutors may withdraw a case, the accused in the alternative, may. All the evidence of one will suffice because it is improper to fix an unaffordable amount bail. Therefore confirmed duty of the State, he often queries a particular crime lapse of one will because. The years to suit local conditions defendant 's proceeds are calculated: in the. Many of the charge. [ 234 ] appears within fourteen days, the ``! Whose area of jurisdiction the offence as is necessary for a brothel were an `` instrumentality of an,! Office before acting as such, he pleaded guilty to and types of special pleas south africa granted bail when... Substantial facts should contain adequate information so as to what is meant by `` new,. Whose favour an award is made may within sixty days renounce it functions! Deputy Commissioner of police dockets Director of public prosecutions ( NDPP ) is its! As well as a matter of process and substance mechanism, '' therefore.

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