Court Code
NAHCNLD

Summary Judgment-Rule 60 (2)-No bona fide defence-Must show that the defence was merely a delay tactic-The respondent appears to have a defence which is bona fide and good in law-Condonation applications not subjected to strict compliance with Rule 32 (9) and (10). Summary Judgement is dismissed.

Practice – Applications – Stay of Proceedings – An application for stay of civil proceedings – The High Court has inherent jurisdiction to stay civil proceedings pending the outcome of criminal proceedings – Requirements restated - Exceptional circumstances must be present for the Court to grant such an order – Prejudice to the opposing party is a consideration

Criminal procedure – Sentence – Condition of suspension – Condition that accused not to be convicted of prohibited offence committed during period of suspension omitted – Sentence corrected.

Expert evidence — DNA analysis —sealed rape kit with identifying serial number handed to investigating officer – sealed rape kit handed for Forensic analysis - Chain of handling of samples from collection to analysis found to be properly presented.

Review – Criminal procedure – Inquiry in terms of s 77 and 78 of the Criminal Procedure Act 51 of 1977 – Order made in terms of s 77(6) for appellant to be detained in a mental hospital pending the signification of the State Preside- Failure of the magistrate to follow the correct procedure in terms of section 77(1) of Act no 51 of 1977.