Most Recent 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

Civil law- Law of contract- Written contract of hire. Terms and conditions of contract setting out the method upon which charges would be levied Terms and conditions not clear and parties in dispute over these terms

Criminal Procedure-Criminal law-accused charged with attempted murder-accused pleads guilty-Crown led evidence to prove commission of offence-when accused led evidence he stated that he acted in private defence­ complainant stabbed accused on knee-accused stabbed complainant on chest and on shoulder blade-complainant version not without blemish-Crown did not discharge onus of proof beyond reasonable  doubt-accused acquitted and discharged.

Criminal  Procedure -  Bail pending appeal -  applicant convicted of attempted  murder and sentenced to three years imprisonment - applicant has noted an appeal against ccnviction and sentence - applicant has applied for bail pending appeal.

Bail - appellant allegedly raped his fifteen year old biological daughter on multiple occasions - appellant charged with rape in contravention  of  Section 3 (]), 3 (3) (a) (c), 3 (4) (c), 3 (6) (e)  as read with Section 3 (9) (b) of the Sexual Offences and Domestic Violence Act No 15 of 2018 - such constitute specified incidences  of rape as listed in Schedule Five of the Criminal Procedure and Evidence Act No 67 of 1938 - consequently and in terms of section 96(12) of t

Criminal trial-Accused  persons  facing a charge of murder.

  News, Speeches and Guidelines