Tag: Constitution 35

Permanent stay application: Alternative remedy discussed

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

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Laying criminal charges: Forfeiting right to discipline?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Inexcusable delayed hearing: Final interdict granted

Dr A v Health Professions Council of SA What should courts do when there is an inexcusable delayed hearing against doctor concerning alleged unprofessional medical conduct? ’84. I also agree that if one considers the...

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Personal freedom paramount: Private prosecution?

President of RSA vs Zuma In context of private prosecutions what other constitutional paramount rights are threatened apart from personal freedom and dignity? “[13]   . . . . There may be several other respects in which...

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Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Forensic report privileged: Evidential value disputed

State Information Technology Agency SOC Ltd (SITA) v CCMA Forensic report privileged and as parties are entitled to a fair hearing and ito s 158(1)(g) of the LRA the labour court reviewed and set aside a ruling requiring...

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