SUMMARY The judgment pertains to three cases which relate to Rule 43(2) and (3) applications[1]. All three of the Rule 43(2) applications before the Court contained affidavits and annexures in excess of what may be strictly necessary for applications of this nature. The Court was required to determine whether the relevant affidavits deposed to by
SUMMARY The Applicant was convicted on two counts of rape the Regional Magistrate’s Court and sentenced to 18 years’ imprisonment. Subsequent to sentence being handed down in the Wynberg Regional Magistrate’s Court, the Applicant was granted leave to appeal to the High Court, Western Cape Division (“High Court”) where the appeal against the convictions was