Davis Dumezweni Luthe v National Prosecuting Authority and Regional Magistrate Mrs S Ndebele

Key Issues

• {"issue_text":"Whether the urgent chamber application to stop criminal trial pending review is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay in bringing application, trial postponed to November 2023"}
• {"issue_text":"Whether the applicant has established a prima facie right to a fair trial that is under threat","issue_type":"constitutional","dispositive":"yes","related_facts":"Magistrate dismissed discharge application, applicant may be forced to testify"}
• {"issue_text":"Whether the applicant has shown that the review application has prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence led by state witnesses, magistrate's reasons for dismissing discharge"}
• {"issue_text":"Whether this court should interfere with unterminated criminal proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"General rule against interference, need for exceptional circumstances"}

Background