Recent Case: Evidence

• Jurisdiction: South Africa
• Date: 24 May 2019
• Published date: 24 May 2019
• Citation: (2003) 16 SACJ 431
• Author: Nicci Whitear-Nel
• Pages: 431-436

Evidence

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431

Evidence

NICCI WHITEAR-NEL

University of Natal, Pietermaritzburg

Admissibility — right to a fair trial — ss 417 and 418 of the

Companies Act

The applicants, in the case of

Mitchell v Hodes NNO

2003 (1) SACR 524 (C),

were joint chief executive officers of LeisureNet Ltd, which was liquidated in

one of the biggest corporate failures in South Africa's history.

The applicants were arrested on numerous charges while under

examination in terms of ss 418 and 417 of the Companies Act 1993. These

sections govern enquiries into the affairs of companies that are being wound

up. A number of the charges against them contained very little detail and

were clearly still in the process of being finalised.

After being arrested, the two applicants applied to the commissioner to

stay the s 417 enquiry until the conclusion of the criminal proceedings. The

commissioner refused the application, and the applicants launched an

application in the High Court reviewing the commissioner's decision, as well

as seeking an order that the refusal be declared unconstitutional and

(2003) 16 SACJ 431

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