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Citation
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Judgment date
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| December 2023 |
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Reported
Section 12(3) may treat a lawyer‑related legal conclusion as a ‘fact’ where it is necessary to complete a negligence cause of action.
Prescription — Prescription Act s 12(3) — "facts from which the debt arises" — distinction between primary facts and legal conclusions — narrow exception in professional negligence claims against legal practitioners where a legal conclusion is essential to complete minimum facts — knowledge (actual and deemed) and discoverability — access to courts.
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18 December 2023 |
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Reported
Unauthorised attorney withdrawal of a labour claim is ineffective; case revived where no ratification, estoppel, or applicant blame for delay.
Labour law — withdrawal of proceedings by attorney without client’s authority; implied/ostensible authority and estoppel; ratification; revival of withdrawn claims; attribution of delay and prejudice in revival applications; constitutional right to access courts (s 34) and fair labour practices (s 23).
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12 December 2023 |
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Reported
Whether a lease clause ousts Magistrate’s Court jurisdiction; Court refuses leave to appeal and remits matter.
Jurisdiction clauses — interpretation: consent to jurisdiction v exclusive ouster; whether private parties can oust domestic court jurisdiction; access to courts (s34) and principle of legality in jurisdiction challenges; leave to appeal — interests of justice and prospects of success.
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12 December 2023 |
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Reported
Deeming asylum claims abandoned for late visa renewal violates non-refoulement, dignity, children’s rights and is irrational.
Refugee law — Asylum procedure — Visa renewal — Whether automatic deeming of abandonment for failure to renew violates non-refoulement and international refugee obligations. Constitutional law — Rights infringed — dignity, just administrative action, children’s rights, freedom and security of the person, life. Administrative law — Procedural fairness — Standing Committee endorsement and absence of merits adjudication. Rationality review — Whether legislative measure bears rational connection to legitimate governmental aims (backlog reduction, deterrence).
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12 December 2023 |
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Reported
Direct access granted; 200/200 seat split to admit independent candidates is constitutional and non-discriminatory.
Electoral law — Electoral Amendment Act — 200 regional / 200 compensatory seat split allowing independent candidates — whether split is rational and consistent with constitutional requirement of proportional representation — risk of overhang — right to vote and to stand for public office — burden of proof on challenger — direct access.
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4 December 2023 |
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Reported
Court finds 15% nomination threshold unjustifiably limits political rights; invalidity suspended and interim 1 000‑signature remedy ordered.
Electoral law — independent candidates — nomination/signature threshold (15% of regional quota) — unjustifiable limitation of section 18 (freedom of association) and section 19 (political rights) — declaration of invalidity suspended with interim reading‑in (1 000 signatures); recalculation provisions (items 7, 12, 23) challenged and recalculation relief refused.
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4 December 2023 |
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Reported
Immigration provisions forcing foreign parents of South African children to leave or stop work were unconstitutional and read in to protect parental and child rights.
Immigration law — constitutionality of ss 10(6), 11(6), 18(2) of Immigration Act and reg 9(9)(a) — limits on human dignity, family life and children's rights; Section 36 analysis — unjustified limitation; Remedy — suspended declaration of invalidity and reading-in to protect foreign parents of citizen/permanent-resident children; Administrative law — exhaustion of remedies and 'dirty hands' precluding relief.
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4 December 2023 |
| November 2023 |
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Reported
Whether provincial executive may impose gambling levies amounting to taxes without complying with section 228 and the Process Act.
Constitutional law – Provincial taxation – Section 228(1) – Provincial Legislature’s power to impose taxes – Dominant-purpose test to distinguish taxes from regulatory charges (Shuttleworth) – Requirement of sufficient nexus between levy and regulatory scheme (Westbank/Greenhouse Gas) – Empowering provisions in provincial gambling statute invalid to the extent they authorise Executive to impose levies as taxes – Repayment (condictio indebiti and s172) – PAJA delay objection dismissed.
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29 November 2023 |
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Reported
A court may order in camera review of allegedly privileged documents to balance open justice and legal professional privilege under s32.
Superior Courts Act s32 – open justice principle – legal professional (litigation) privilege – in camera review/judicial peek – balancing privilege and openness – procedure for review of allegedly privileged material – confidentiality undertakings – records to be made public if documents found not privileged.
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28 November 2023 |
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Reported
Interpretation and application of Article 13(b): high, forward‑looking 'grave risk' threshold; balancing risk against available protective measures.
Hague Convention (Article 13(b)) – interpretation of 'grave risk' of physical or psychological harm and 'intolerable situation' – standard of proof (balance of probabilities) – forward‑looking enquiry – obligation to consider ameliorative measures in state of habitual residence – summary and expeditious nature of Convention proceedings – courts to avoid converting return applications into merit custody hearings.
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27 November 2023 |
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Reported
An officer executing a s43 warrant has no general discretion to refuse arrest; limited manner/timing judgments permitted.
Criminal procedure – Arrests under warrant (s43 CPA) – Executing officer’s powers – No general discretion to refuse arrest under s43(2); s44 'may' denotes who may execute – Contrast with warrantless arrests under s40(1) where discretion to arrest arises – Limited operational/humanitarian value judgments permitted – Costs: punitive order set aside for material misdirection.
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14 November 2023 |
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Reported
Once-and-for-all rule applies to a single cause of action; distinct causes of action cannot be barred by that rule.
Civil procedure – "once and for all" rule – applicability limited to a single cause of action; distinct causes of action (unlawful arrest and detention vs malicious prosecution) may be pursued separately. Development of common law – extension/restriction requires compliance with s 39(2) of the Constitution. Constitutional right – denial of adjudication implicates s 34 right of access to courts. Misapplication vs development – where change impacts constitutional rights, higher courts’ jurisdiction engaged.
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14 November 2023 |
| October 2023 |
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Reported
Court supplements prior invalidation of detention provisions, imposing interim safeguards and personal cost sanctions.
Immigration law — detention for deportation — constitutionality of s34(1)(b) and (d) — automatic judicial oversight and in-person appearance; Constitutional remedies — limits on revival of lapsed suspension — Court may grant supplementary relief under s172(1)(b); Interim safeguards — interests of justice test, 48‑hour bring‑to‑court rule, limited detention extensions; Costs — personal cost orders against public officials and disallowance of legal representatives’ fees for egregious litigation conduct.
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30 October 2023 |
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Section 7(3) of the Divorce Act unlawfully excludes redistribution on death and discriminates by excluding post‑1984 marriages.
Divorce Act s7(3) — redistribution remedy — exclusion where marriage dissolved by death — exclusion where marriage entered into on/after 1 Nov 1984 — equality (s9) — differentiation, indirect discrimination (gender), justification (s36) — reading‑in and suspended declaration — interim read‑in to Matrimonial Property Act (s36A).
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10 October 2023 |
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Reported
Whether investigatory disciplinary evidence rendered a criminal trial unfair where convictions rested on formal section 220 admissions.
• Criminal procedure – formal admissions – section 220 C.P.A. – admissions as sufficient proof and generally conclusive.
• Evidence – admissibility of employer investigatory/disciplinary evidence in criminal trials – voluntariness and exclusion under s 35(5) Constitution.
• Fair trial – whether evidence obtained in disciplinary processes rendered trial unfair – requires demonstrable reliance on such evidence.
• Judicial bias – remarks by trial judge do not automatically establish reasonable apprehension of bias absent supporting record.
• Constitutional Court jurisdiction – no jurisdiction where alleged irregularity did not raise a serious constitutional issue or failure of justice.
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10 October 2023 |
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Reported
A temporally‑limited ministerial power to amend tax Schedules (with parliamentary oversight) is constitutionally permissible; quota regime rational and lawful.
Constitutional law — separation of powers — delegation to Minister to amend Schedules to tax statutes — temporally limited regulatory delegation with parliamentary oversight permissible; Administrative law — rationality and procedural fairness of quota measures — rational connection to legitimate fiscal/anti‑abuse objective; International law — Vienna Conventions allow receiving State laws/regulations (including quantitative limits) to prevent abuse; Money Bills — section 77 not infringed where dominant purpose is regulatory implementation, subject to parliamentary confirmation.
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3 October 2023 |
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Reported
PAJA’s 180‑day review period begins when the applicant receives sufficient reasons for the administrative action.
Administrative law — PAJA s 7(1) — 180‑day time period for judicial review — period runs from date reasons for administrative action became known or ought to have become known to the applicant. Adequacy of reasons — a reasoned decision communicated to the applicant starts the PAJA clock; later elaborations that do not supply materially new reasons do not reset the period. Preventing procedural gamesmanship — requests for additional reasons cannot be used to indefinitely delay the PAJA time limit. Export/VAT Regulations — substantive entitlement to VAT refund not decided because procedural bar was dispositive.
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3 October 2023 |
| August 2023 |
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Reported
Whether presidential DPP appointments become final on authorised personal notification or require public promulgation, and whether NDPP had authority to notify.
National Prosecuting Authority Act s 13(1)(a) – appointment of provincial DPPs – finality and functus officio; personal versus public notification of executive appointments; authority of NDPP to communicate Presidential decisions; executive action v administrative action (PAJA) – standards of review; legality and rationality of revocation of inchoate appointments.
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24 August 2023 |
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Reported
Labour Court’s overlooking of opposing affidavit breached section 34; s145(2)(b) requires improper obtaining proved on balance of probabilities.
Labour law; review of arbitration award under s145(2)(b) LRA — award set aside only if improperly obtained proven on balance of probabilities; constitutional right of access to courts and fair hearing (s34) — overlooking filed opposing papers breaches right to be heard; hearsay and use of affidavits from separate litigation — all related affidavits must be considered; remedy — remit to Labour Court to determine review and rule 11 applications with all admissible evidence.
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21 August 2023 |
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Reported
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15 August 2023 |
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Reported
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2 August 2023 |
| July 2023 |
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Reported
Precautionary suspension lawful absent a real risk of conflict or a reasonable apprehension of bias.
Constitutional law – Chapter 9 institution – suspension under section 194(3)(a) – precautionary suspension lawful where rational to protect office integrity; administrative law – apprehension of bias and conflict of interest – real, reasonable risk required under section 96(2)(b); parliamentary procedure – sub judice rule and rule 129AD(3) – severance by Constitutional Court cures rule defect; confirmation of High Court orders affecting Presidential conduct – sections 167(5) and 172(2)(a); interlocutory execution – section 18 Superior Courts Act.
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13 July 2023 |
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Reported
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12 July 2023 |
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Reported
Leave to appeal refused where dispute about adequacy of SACE’s investigation was primarily factual, lacking constitutional public-importance.
Administrative law – statutory regulator’s disciplinary powers – adequacy of investigative process under SACEA section 14 – whether reliance on another body’s investigatory report amounts to insufficient investigation; Constitutional jurisdiction – exercise of public power by statutory body – when factual challenges warrant Constitutional Court intervention; Appeal procedure – leave to appeal to Constitutional Court requires arguable constitutional point or public importance and interests of justice.
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12 July 2023 |
| June 2023 |
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Reported
Section 4 unfairly discriminates by denying never-married parents streamlined access to the Family Advocate; invalidity confirmed with interim reading-in.
• Constitutional law – equality (section 9) – discrimination on basis of marital status – indirect discrimination by legislative provision allowing streamlined access to Family Advocate only for married/divorcing parents.
• Children’s rights – best interests of the child (section 28(2)) – discriminatory limitation impacting children's right to timely, fair processes.
• Remedies – declaration of invalidity confirmed, suspended for 24 months; interim reading-in to enable access to Family Advocate; Parliament to cure legislative defect.
• Costs – Minister ordered to pay specified High Court costs and applicant awarded costs in Constitutional Court.
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29 June 2023 |
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Reported
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29 June 2023 |
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Reported
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28 June 2023 |
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Reported
A non-member's voluntary, unobjecting participation in self-regulatory proceedings constitutes submission to that body's jurisdiction.
Advertising self-regulation; non-statutory industry body (ARB); submission to jurisdiction by non-member via participation; ad-alert mechanism; judicial avoidance of unnecessary constitutional determinations; appellate restraint on disturbing factual findings.
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26 June 2023 |
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Reported
Parliament failed to facilitate required public participation for material amendments expanding the statutory definition of “waste”, rendering those provisions invalid.
Constitutional law — Parliamentary public participation — Sections 59(1)(a) and 72(1)(a) — Material amendments to draft legislation — Definition of “waste” expanded; consequential definitions (“commercial value”, “trade in”) and transitional provision — Failure to facilitate further public involvement — Declaration of invalidity.
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26 June 2023 |
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Reported
Section 29(8) unlawfully gives the Minister veto over municipal by‑laws on building matters, infringing municipal autonomy.
Local government – Municipal legislative authority (sections 43(c), 151, 156) – Building Act s29(8) requiring ministerial approval for by‑laws relating to erection of a building – ministerial veto usurps municipal power and breaches separation of powers – interpretive narrow reading cannot save provision – retrospective invalidity applies but cannot produce retrospective criminal liability.
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23 June 2023 |
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Reported
Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention
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12 June 2023 |
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Reported
Whether the Act’s involuntary admission and Review Board regime limits the applicant’s constitutional rights.
Mental Health Care Act — Involuntary inpatient admission (ss 33–34) — procedural safeguards and timing (initial assessments; 72‑hour review; Review Board within 30 days; automatic High Court review) — whether automatic immediate judicial review required — Review Boards’ independence (Chapter IV) — s 12(1), s 34 and s 10 of the Constitution — international law considered (ICCPR, UN Mental Health Principles, CRPD).
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9 June 2023 |
| May 2023 |
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Reported
An absolute statutory ban on disclosure of tax records is unconstitutional; PAIA’s public‑interest override must be applicable to taxpayer information subject to safeguards.
Constitutional law — right of access to information (s32) and freedom of expression (s16) — absolute statutory prohibition on disclosure of taxpayer records — whether exclusion of PAIA public‑interest override (s46) is justifiable — Tax Administration Act secrecy provisions — compatibility with privacy, voluntary tax compliance and international exchange obligations — remedy: reading‑in and suspension to allow parliamentary cure.
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30 May 2023 |
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Reported
Parliament failed to reasonably facilitate public participation in passing the Traditional and Khoi‑San Leadership Act, rendering it constitutionally invalid (suspended).
• Constitutional law – Parliamentary and provincial obligation to facilitate public involvement – Sections 59(1)(a), 72(1)(a), 118(1)(a) – reasonableness standard for public participation.
• Administrative/constitutional procedure – adequacy of notice, pre‑hearing education, accessibility, translation, accurate recording and transmission of submissions.
• NCOP–provincial relationship – NCOP may not rely on provincial hearings unless delegates attend or receive accurate reports; provincial shortcomings imputable to NCOP.
• Remedy – declaration of invalidity for failure to facilitate public participation; suspension of invalidity to allow re‑enactment.
• Costs – adverse costs order against those who opposed the challenge, including costs of three counsel.
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30 May 2023 |
| April 2023 |
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Reported
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20 April 2023 |
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Reported
An employer may use replacement labour only while a lock-out is responding to an ongoing strike.
Labour Relations Act s76(1)(b) — interpretation of "in response to a strike"; distinction between suspended and terminated strikes; use of replacement labour during lock-outs; protection of right to strike; mootness and interests of justice.
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18 April 2023 |
| March 2023 |
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Reported
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28 March 2023 |
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Reported
Section 25 allows third‑party use and surrenders; the Act does not bar fees for related transactions.
Water law – Interpretation of s25(1) and s25(2) of the National Water Act – third‑party use and surrender to facilitate licences – legality of fees/transactions – interaction with ss26(1)(l) and 29(2) – constitutional and policy concerns but remedy for redistribution lies with legislature.
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15 March 2023 |
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Reported
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10 March 2023 |
| February 2023 |
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Reported
Leave to appeal refused as the dispute over B‑BBEE eligibility for the tourism relief fund was moot; costs awarded.
Disaster Management Act and regulations; Tourism Relief Fund selection criteria; use of B‑BBEE status for disaster‑relief grants; administrative action and reviewability under PAJA; constitutional equality (section 9); mootness and interests of justice; refusal of leave to appeal and costs.
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8 February 2023 |
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Reported
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1 February 2023 |
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Reported
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1 February 2023 |
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Reported
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1 February 2023 |
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Reported
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1 February 2023 |
| January 2023 |
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Reported
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24 January 2023 |
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Reported
Whether admitting a deceased eyewitness’s hearsay statement under s3(1)(c) Hearsay Act was in the interests of justice.
Evidence — Hearsay Act s 3(1)(c) — interests of justice balancing test; Criminal procedure — admission of deceased eyewitness’s statement; Fair trial — s 35(3) right to challenge evidence and limits of cross‑examination where declarant is deceased; Identification — cautionary rule for single-witness ID; Corroboration — role of post‑mortem, blood‑spatter and DNA as circumstantial corroboration; Language/translation and procedural safeguards in statement-taking; Common purpose liability where primary identificatory evidence is hearsay.
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24 January 2023 |
