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dc.date.accessioned 2017-04-08T17:03:07Z
dc.date.available 2017-04-08T17:03:07Z
dc.date.created 2004-03-15 en
dc.identifier.citation [2004] ZACC 13
dc.identifier.citation 2005 (1) SA 171 (CC)
dc.identifier.citation 2004 (6) BCLR 620 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2234
dc.title S v Basson en
dc.title.alternative CCT30/03 en
dc.identifier.casenumber CCT30/03 en
dc.date.hearing 4 and 5 November 2003
dc.contributor.judge Ackermann J Majority judgment
dc.contributor.judge Chaskalson CJ separate judgment
dc.contributor.judge Sachs J separate judgment
dc.date.judgment 10 March 2004
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2234/Full%20judgment%20%28476%20Kb%29-1339.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis The accused was indicted in the Pretoria High Court on 67 charges including murder, fraud, conspiracy to commit various crimes and drug offences. Before the accused was called upon to plead he took an exception to charges in the indictment and the admissibility of the bail record. Both the objections were upheld. Shortly after the commencement of the trial, the state applied for the recusal of the trial court judge Hartzenberg J, on the grounds that he was biased and had prejudiced the case. The application was dismissed. Just over two years later the accused was acquitted on all remaining charges. The state immediately launched an application in terms of section 319(1) of the Criminal Procedure Act to have certain questions of law reserved for consideration by the Supreme Court of Appeal (SCA). The SCA dismissed the application for the reservation of questions of law. Application for leave to appeal directly to this court against the judgment of the High court in terms of Rule 18 -dismissed. Application for leave to appeal directly to this court against the judgement of the SCA - Rule 20 - granted - the grounds of appeal all raise constitutional matters or issues connected with constitutional matters, for the purposes of section 167(3)(b) of the Constitution.
dc.concourt.casehistory High Court judgment: S v Basson [2001] 1 All SA 430 (T) 12 October 1999 ; Dismissal of recusal application: S v Basson [2000] 3 All SA 59 (T) 16 February 2000; SCA judgment : S v Basson [2003] 3 All SA 51 (SCA) May 2003. See also two, as yet unreported, judgments of the Constitutional Court: S v Basson CCT30-03 and Institute for Security Studies in re: S v Basson.


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