High Court Corruption and Economic Crimes Division - 2017 October

4 judgments
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4 judgments
Citation
Judgment date
October 2017
Applicant failed to show sufficient cause or act expeditiously; application for extension of time to appeal dismissed.
Criminal procedure – extension of time to appeal – section 361(2) CPA – requirement of sufficient/good cause and expeditiousness. Procedural compliance – notice of appeal – effect of notices filed within prescribed time. Prison authorities’ assistance – absence of evidence that prison officers refused help not a ground for extension. Alleged illegality – petition of appeal must disclose substantive illegality to justify extension of time.
18 October 2017
The Corruption and Economic Crimes Division has jurisdiction to hear s.29(4)(d) bail applications; speculative affidavit paragraphs expunged.
Corruption and Economic Crimes Division – Jurisdiction under s.29(4)(d) EOCCA post-2016 amendment; statutory and purposive interpretation to cure legislative anomaly; preliminary objections – point of law; affidavits – limits on advocates swearing evidence, expungement of speculative paragraphs.
11 October 2017
Applicants granted bail under EOCCA; court declined to consider merits and imposed stringent security and reporting conditions.
Criminal procedure – Bail – EOCCA ss. 29(4)(d), 36(1) – entitlement to bail in economic crime matters; refusal to adjudicate merits at bail stage; imposition of substantial monetary security, sureties, passport surrender, reporting requirements and verification by lower court.
6 October 2017
Court varied bail by increasing deposit and adjusting surety requirements due to addition of accused and sharing principle.
Criminal procedure – Bail – Variation of bail conditions where additional accused are joined – Application of the principle of sharing in fixing quantum of security. Bail sureties – Requirement of two reliable sureties and bond amounts; one surety to be a public servant.
6 October 2017