High Court Corruption and Economic Crimes Division - 2017 August

3 judgments
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3 judgments
Citation
Judgment date
August 2017
A valid DPP certificate under s36(2) EOCCA bars bail; bail court cannot probe charge particulars when not the trial forum.
DPP certificate (s36(2) EOCCA) — validity requirements (written; safety/interest prejudice; relates to pending criminal proceedings) — effect: bars grant of bail; High Court’s limited role in bail proceedings — cannot go into charge-sheet correctness where not trial court; allegations of abuse do not displace a valid certificate in bail application.
18 August 2017
High Court found itself functus officio and struck out fresh bail application where DPP's valid certificate previously barred bail.
Bail — DPP certificate under section 36(2) EOCCA — validity of certificate — effect of a valid DPP certificate barring bail — functus officio — finality of earlier High Court rulings — remedy by appeal to Court of Appeal.
17 August 2017
Wrong statutory citation and defective jurats rendered the bail application incompetent and it was struck out.
Criminal procedure – bail application – wrong citation of enabling provision – incompetence of application. Oaths and affidavits – jurat must state whether deponent personally known or introduced to Commissioner for Oaths – failure fatal. Amendment after a substantive preliminary objection – not permitted to circumvent objection. Affidavit formalities – date issue considered but not fatal where date appears.
10 August 2017