Page 128 - Magistrates Conference 2019

THE EXERCISE OF A DISCRETION

Magistrates must remember that the discretion must be

exercised reasonably and judicially and not in an ad hoc

and arbitrary manner.

“Good court administration and fairness demand this,

although statute does not.”

John J.A. in Diane Burgess v Tahalia Silverton

Mag. App. No.98 of 2008