Synopsis:
Jurisdiction — constitutional matter — potential limitation of the right not to be deprived of freedom arbitrarily and without just cause
Jurisdiction — misapplication of the cautionary rule — section 93ter(1)(b) of the Magistrates’ Court Act — section 51(1) of the Criminal Law Amendment Act — section 17(2)(f) of the Superior
THE COURT
Courts Act 10 of 2013 — right to equality — right to a fair trial — right of access to courts
Leave to appeal — risk of wrongful conviction — public confidence in the judicial system — disparate treatment
