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The court applies the principle that mere direct use immunity is sufficient, with the trial judge having discretion to exclude derivative evidence if necessary…
Court applies the principles from paras 171, 177 that the true test for admitting hearsay is whether the interest of justice demands it, and that prejudice…
Cited for the considerations that play an important role in determining whether further evidence on appeal should be allowed.
Applied for the principle that the determination of where the interests of justice lie involves balancing all relevant factors including prospects of success…
Cited for the principle that declaring a statutory provision invalid is constitutionally serious and that constitutional challenges must be based on objective…
Cited for the principle that the interpretation of legislation that limits a fundamental right implicates the Constitution.
Cited in support of the requirements for admission of affidavit evidence by amicus curiae under Rule 31(1) of Constitutional Court Rules.
Respondent relied on this case concerning the application of the hearsay provisions in the Law of Evidence Amendment Act
Applied to establish that the primary purpose of Chapter 5 of POCA is not punitive, but to ensure that no person benefits from wrongdoing, and its secondary…
Applied to explain that the right to a fair trial requires a substantive approach and must also be fair to the public as represented by the State.
Cited for the principle that statutes should be interpreted consistently.
Cited for the principle that corruption undermines the rule of law and principles of good governance.
Cited for reliance upon the rule of statutory construction from Chotabhai that every part of a statute should be construed to be consistent with other parts…
Cited to affirm the canon of statutory interpretation that words should be construed restrictively to avoid clashes with provisions in another statute and that…
Court cites this case as authority that affirmed the principles stated in S v Rabie.
Cited to explain that this Court does not ordinarily hear appeals on sentence based on incorrect evaluation of facts, and that fairness is not one-sided.
Cited for the principle requiring accuracy in identifying challenged provisions in constitutional litigation.
Court cites this case to echo the rule of statutory construction that legislation should not defeat its clear purpose.
Cited for the principle that jurisdiction alone is not decisive and that the interests of justice must be assessed.
Cited for background context on the conviction of Shaik on counts of corruption relating to bribery.
The court applies Shaik to explain the purpose of Rule 16A, which is to bring constitutional challenges to the attention of persons who may be affected,…
Cited to caution that constitutional challenges must be pleaded concisely and accurately.
Cited for the principle that this Court decides cases on the basis of the pleaded cause of action and cannot decide a matter on a claim not pleaded.
Cited for the proposition that constitutional challenges must be properly pleaded and ventilated in lower courts.
Cited for the principle that forfeiture must be consistent with the Constitution.
Cited for the principle that it is generally appropriate for all direct profits of crime to be confiscated to ensure criminals do not enjoy fruits of crime.
Applied to the principle that fairness requires balance to the public as represented by the state and that irregularities do not necessarily lead to failure of…
High court refused application to televise the criminal trial of Schabir Shaik on corruption charges, prioritising individual rights of witnesses and the…
Applied to explain that confiscation discretion is peculiarly a matter for the convicting court and will only be interfered with if the court acted…
The court applied this judgment's interpretation of the word 'benefit', which held that a person will have benefitted from unlawful activities if he or she has…
Court cites the principle on the limited power of an appellate court to interfere with a sentence imposed by a lower court.
Cited for the importance of specificity and accuracy in constitutional pleadings.
Cited for the principle that the purpose of a criminal prosecution is not to obtain a conviction, but to lay before a jury what the Crown considers to be…
Cited for the principle that the interests of justice involves considering multiple factors including but not limited to prospects of success, and for the…
Cited for the principle that the right to a fair trial requires a substantive approach and that fairness is not a one-way street but also requires fairness to…
Applied for the proposition that the seriousness of corruption cannot be overemphasised as it offends against the rule of law and threatens the constitutional…
Cited to support the principle that courts must have regard to every factor mentioned in section 3(1)(c) when determining whether to admit hearsay evidence in…
Cited for the principle that the right to a fair trial requires a substantive rather than formal or textual approach.
This case is cited for the principle that constitutional validity is an objective question.
Cited to support the fundamental principle of constitutional litigation that requires accuracy in the identification of the provision of legislation being…
The Court applies this case for the principle that prospects of success and other factors must be assessed together when determining whether it is in the…
Applied to emphasise the importance of accuracy in pleadings when challenging the validity of Acts of Parliament, and that the Court refused leave to appeal…
Cited and quoted within the Porritt judgment for the proposition that the right to a fair trial requires a substantive, not formal approach, and fairness to…
The Court cites this case for the principle that litigants should take care to properly identify at the time of institution of proceedings which constitutional…
Cited for the principle that whether it is in the interests of justice to grant leave depends on a careful and balanced weighing-up of all relevant factors…
Cited for the general principle that other statutes inform the context in which a statutory provision must be interpreted.
Cited for the rule of statutory construction that every part of a statute should be construed to be consistent with every other unrepealed statute enacted by…
Cited for the exposition on the seriousness of corruption offences, emphasizing that corruption threatens the constitutional order and courts must send a…
Cited as authority for the requirement that there be prospects of success and that it is in the interests of justice to hear a matter in applications for leave…