National Director of Public Prosecutions v Mdhlovu (194/2023) [2024] ZASCA 85 (3 June 2024)

(1) Criminal procedure – setting aside of indictment – s 179 of the Constitution – consultation by National Director of Public Prosecutions when reviewing a prosecutorial decision with accused.

(2) Civil procedure – principles of deciding factual issues in motion proceedings restated.

(3) Judiciary – the limits of judicial decision-making restated

Companies Act 71 of 2008 – repurchase by company of more than five percent of its shares – s 48(8)(b) – transaction requires compliance with ss 114 and 115 – s 115(8) triggers appraisal right, in terms of s 164, in favour of dissenting shareholders.