Latest judgments

Civil Procedure- Rule 30 notice raised against the filing of a Notice of Intention to Oppose approximately 43 days out of time as opposed to  the stipulated 5

The Accused persons have been found guilty  of murder and  robbery, such offences have been committed on the 30th September 2019 at Sidv

Criminal law-Criminal Procedure-accused found guilty on three counts of murder and one count of contravening Arms and Ammunition Act, 1964-extenuating circumstances    principles restated-extenuating circumstance exist-consideration of principles of the triad-personal circumstances of the accused to give way to seriousness of the crimes and interests of the families of the deceased-accused sentenced to twenty years on each of the counts of murder-accused sentenced to five years imprisonment with the option to pay a fine of five thousand Emalangeni for possession of a firearm and rounds of a

Criminal Procedure - Application for Bail -Applicant facing count of attempted murder and kidnpping - Applicable statutory and Constitutional Principles discussed - Incidence of Onus - Crown invoking Section 96 (12) (b) of the Criminal Procedure and Evidence Act 67 of 1938 - Reverse onus and when applicable -No reference to attempted murder in the schedule 4 category indicated in the charge or evidence- Crown invoking likelihood of Interference and Applicant endangering a sole witness - No evidence led to substantiate the invoked grounds - Crown failing to discharge onus