Shongwe v Mbabane Magistrate Sifiso Vilakati NO and Others (1724 of 2022) [2023] SZHC 610 (1 November 2023)

Case summary

Practice and Procedure - peace- binding inquiry in terms of Section 341 of the Criminal Procedure and Evidence Act 67/1938 is neither a civil or criminal trial, but a quasi- judicial and administrative in nature. The magistrates order against the Applicant to return 3rd party's keys and maintenance of the elderly family matriarch was beyond the jurisdiction conferred on the magistrate by the said section.

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