High Court of South Africa Eastern Cape, Port Elizabeth - 2025 April

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2 judgments

Citation	Judgment date
April 2025
S v Omotoso and Others (CC15/2018) [2025] ZAECPEHC 6 (2 April 2025) Prosecutorial irregularities and inadequate cross‑examination produced reasonable doubt, resulting in acquittal and discharge of the accused. Criminal law – burden of proof: state must prove guilt beyond reasonable doubt; Prosecutorial conduct – emails suggesting witnesses be persuaded, non‑disclosure and deleted complainant communications – impact on fairness; Cross‑examination – failure to properly test accused’s evidence undermines ability to reject defence; Similar‑fact evidence – limited weight where complainant communications and prosecution irregularities risk unfairness; Section 174 CPA – dismissal of counts where no evidence led; Section 186 CPA – application to call former prosecutor as witness refused; Section 317 CPA – special entries and agreed admissions concerning prosecution conduct.	2 April 2025
Gcora and Another v Nelson Mandela Bay Municipality and Another ; Gcora and Another v Nelson Mandela Bay Municipality and Another (1414/2016; 992/2016) [2025] ZAECPEHC 7 (1 April 2025) (Leave to Appeal) Leave refused where informal, unsworn requests failed to show a bona fide, prima facie meritorious claim under the Vexatious Proceedings Act. Vexatious Proceedings Act s 2(1)(b) – leave to institute proceedings – evidential burden to show bona fide, prima facie meritorious claim; appealability of judge-in-chambers rulings; abuse of process; contractual privity — mediator’s opinions do not create third‑party rights; prescription; Rule 7 challenge to attorney’s authority; costs limited to one counsel (scale B).	1 April 2025