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CONSTITUTIONAL COURT OF SOUTH AFRICA Case (1) CCT …

CONSTITUTIONAL COURT OF SOUTH AFRICACase (1) CCT 21/98 BONGANI DLAMINIA ppellantversusTHE STATE Respondentand Case (2) CCT 22/98 VUSI DLADLA First ApplicantANGEL KHUMALOS econd ApplicantWILLY SINDANE Third ApplicantJOHN SIBONYONI Fourth ApplicantPHILLIP MOGABUDI Fifth ApplicantversusTHE STATE Respondent and Case (3) CCT 2/99 THE STATE AppellantversusMARK DAVID JOUBERT Respondentand Case (4) CCT 4/99 THE STATEA ppellantversus 2 JAN JOHANNES SCHIETEKAT RespondentHeard on:(1)18 February 1999 (2)-(4)10 March 1999 Delivered on: 3 June 1999 JUDGMENTKRIEGLER J: Introduction[1]Each of the four cases consi

in Vol IV of South African Criminal Law and Procedure, (1977) (Juta & Co), pp 18-25, and the authorities there cited.) Subsequently the Cape Ordinance served as a model for similar statutes in Natal and the two Boer Republics. Shortly after the South African War a comprehensive criminal procedure

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