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Last Update

2015-10-08T00:00:00.000Z

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Background Information

Employment History

Judge

The Court of Appeal

Acting Justice

Constitutional Court Johannesburg

Web References (35 Total References)


The judgment, written by Judge ...

mg.co.za [cached]

The judgment, written by Judge Fritz Brand, looks in detail at the reasons offered for keeping the civil action and the various arguments for scrapping it.

He wrote that the history of the civil action "reveals its archaic origin", disclosing elements of old English law, which suggested that the husband has some "proprietary interest in the person and the services of the wife".
...
Brand wrote that it seemed the husband in this matter was motivated by anger and a desire for revenge, and that it is likely that this is often the case.
It is also enormously costly to bring such a claim, he said. Any damages likely to be awarded pale in comparison with the legal costs involved, making it far beyond the means of most people.
Commenting on the result, the attorney acting for RH said it had been a "long and ugly fight" and that he was sure his client, now overseas, would be relieved to hear the outcome.


The judgment, written by Judge ...

mg.co.za [cached]

The judgment, written by Judge Fritz Brand, looks in detail at the reasons offered for keeping the civil action and the various arguments for scrapping it.

He wrote that the history of the civil action "reveals its archaic origin", disclosing elements of old English law, which suggested that the husband has some "proprietary interest in the person and the services of the wife".
...
Brand wrote that it seemed the husband in this matter was motivated by anger and a desire for revenge, and that it is likely that this is often the case.
It is also enormously costly to bring such a claim, he said. Any damages likely to be awarded pale in comparison with the legal costs involved, making it far beyond the means of most people.
Commenting on the result, the attorney acting for RH said it had been a "long and ugly fight" and that he was sure his client, now overseas, would be relieved to hear the outcome.


That decision was not challenged further, ...

mg.co.za [cached]

That decision was not challenged further, so this week's hearing before judges Fritz Brand, Azhar Cachalia, Zukisa Tshiqi, Steven Majiedt and Boissie Mbha will be the first chance that the appeal court has had to examine the issue.


"That is not the kind of ...

mg.co.za [cached]

"That is not the kind of submission that I want in my court," presiding judge Fritz Brand said.


Appeal court Judge Fritz ...

mg.co.za [cached]

Appeal court Judge Fritz Brand held that prosecutorial decisions are in principle reviewable, and that the principle of legality empowers the court to undertake a review of a decision, in this case, not to prosecute.

...
Turning to the murder and related charges, Brand found that Chauke's decision to withdraw these charges could not be found to be irrational.
...
On Murphy's finding that Chauke's failure to proceed with the charges after the inquest constituted an irrational decision, Brand held that this point had not formed the basis of FUL's review application, so this part of the appeal had to succeed.
But the judge also noted that counsel for the NDPP conceded that some of the murder and related charges were bound to be reinstated and that the NDPP would make a decision within two months. If he decided not to reinstate all 18 charges, Chauke would have to provide reasons to FUL for this decision.
Brand did not agree with the order of the court to reinstate charges, holding that this constituted "inappropriate transgressions of the separation of powers doctrine". Thus, a court is precluded from impermissibly assuming the powers of the NDPP.

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