South Africa Case Law

S v Siduna and Others (HC 14/23)

S v Siduna and Others (HC 14/23) [2023] ZANWHC 201; 2025 (1) SACR 108 (NWM) (31 October 2023)

Court

North West High Court, Mafikeng

Case number

HC 14/23

Judges

Petersen, Reddy

The court found that the sentences imposed in five of the six matters were incompetent, as section 112(1)(a) of the Criminal Procedure Act does not permit direct imprisonment or fines exceeding R5000. The offences in those matters were serious and should not have been disposed of under section 112(1)(a). In the sixth matter, the fine imposed exceeded the statutory cap. The Adjustment of Fines Act does not apply to section 112(1)(a) proceedings. The sentences in all six matters were reviewed and set aside, with a competent sentence imposed in the sixth matter. The judgment was directed to the…

Source excerpt

• Section 112 1 A Criminal Procedure Act
• Gross Irregularity
• Competent Sentence
• Adjustment Of Fines Act
• Immigration Act Offences
• Road Traffic Act Offence

S v Tseko (04/2022)

S v Tseko (04/2022) [2023] ZANWHC 195; 2024 (1) SACR 208 (NWM) (25 October 2023)

Court

North West High Court, Mafikeng

Case number

04/2022

Judges

A H Petersen, J T Djaje

High Court review of a magistrate’s sentence for an immigration offence. The court corrected the sentence’s form, reduced the suspension period, and ante-dated it.

• Sentencing Powers Of Magistrates
• Immigration Act Offences
• Suspended Sentence Formulation
• Adjustment Of Fines Act
• Review Jurisdiction
• Immigration-law

S v Permall (171172)

S v Permall (171172) [2017] ZAWCHC 164 (8 December 2017)

Court

Western Cape High Court, Cape Town

Case number

171172

Judges

DM Thulare, NP Boqwana

Review of a magistrate’s sentence for drunk driving. The High Court held the alternative imprisonment term was miscalculated and substituted a lawful sentence.

• Driving Under Influence
• Sentencing Jurisdiction
• Adjustment Of Fines Act
• National Road Traffic Act
• Drunk-driving
• Sentencing-review

S v Permall (171172)

S v Permall (171172) [2017] ZAWCHC 143; 2018 (2) SACR 206 (WCC) (8 December 2017)

Court

Western Cape High Court, Cape Town

Case number

171172

Judges

DM Thulare, NP Boqwana

High Court review of a magistrate’s sentence in a drunk-driving matter, holding that the alternative imprisonment term was miscalculated under the fines legislation.

• Driving Under Influence
• Sentencing Discretion
• Adjustment Of Fines Act
• Magistrates Courts Jurisdiction
• Sentencing-review
• Impaired-driving

Cooper v District Magistrate, Cape Town (WCC) (1699/2017)

Cooper v District Magistrate, Cape Town (WCC) (1699/2017) [2017] ZAWCHC 140; 2018 (1) SACR 369 (WCC) (24 November 2017)

Court

Western Cape High Court, Cape Town

Case number

16996/2017

Judges

Andrews AJ, Baartman J

The High Court found that the district court proceedings were materially irregular and infringed the applicant's constitutional rights to a fair trial. The applicant was not properly informed of the charge, the nature of the proceedings, or his rights, and was denied a fair opportunity to present his defence and call witnesses. The presiding magistrate misapplied the law by convicting the applicant under section 55 of the Criminal Procedure Act instead of section 170, which was the correct provision given the circumstances. The summary enquiry was conducted in a manner that disregarded the ap…

Source excerpt

• Failure To Appear
• Reverse Onus
• Fair Trial Rights
• Summary Enquiry
• Adjustment Of Fines Act

S v Shongwe and Others (1769/2015)

S v Shongwe and Others (1769/2015) [2015] ZAGPPHC 870 (5 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

1769/2015

Judges

A C Bekker, R G Tolmay

The court found that the alternative imprisonment of six months imposed for failure to pay a fine of R 2000 was excessive and disproportionate, given the statutory guidelines and the Adjustment of Fines Act. The Act provides a ratio between the maximum fine and maximum imprisonment, which should guide sentencing to ensure fairness and proportionality. The magistrate failed to apply this principle, resulting in sentences that were unduly harsh for first offenders convicted of a minor immigration offence. The convictions were confirmed, but the sentences were set aside and replaced with a fine…

Source excerpt

• Immigration Act Offences
• Sentencing Proportionality
• Adjustment Of Fines Act
• Alternative Imprisonment

S v Shongwe and Others (1769/2015, 10/15,429/15, 430/15, 431/15,432/15,433/15)

S v Shongwe and Others (1769/2015, 10/15,429/15, 430/15, 431/15,432/15,433/15) [2015] ZAGPPHC 983 (2 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

1769/2015

Judges

A C Bekker, R G Tolmay

High Court review of five guilty-plea immigration convictions. Convictions were confirmed, but the default imprisonment was reduced as disproportionate.

• Immigration Act Offences
• Sentencing Proportionality
• Adjustment Of Fines Act
• Alternative Imprisonment
• Plea Of Guilty
• Magistrates Court Sentencing

S v Mosia (A553/15)

S v Mosia (A553/15) [2015] ZAGPPHC 977 (12 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

A553/15

Judges

Strijdom, PM Mabuse

High Court review of a magistrate’s sentence for failure to appear. The original sentence was found unlawful and replaced with a lower, lawful sentence.

• Failure To Appear
• Sentencing Powers
• Adjustment Of Fines Act
• Criminal Procedure Act
• Criminal-law
• Sentence-review

S v Mofokeng (168/2014(B))

S v Mofokeng (168/2014(B)) [2014] ZAFSHC 178 (18 September 2014)

Court

Free State High Court, Bloemfontein

Case number

168/2014(B)

Judges

Kruger, Motloung

The magistrate failed to conduct a proper enquiry as required by section 170(2) of the Criminal Procedure Act and the principles established in S v Singo. The witness was not given a fair opportunity to explain his absence, nor was the adequacy of the subpoena's service properly examined. The explanation provided by the witness, that his transport did not arrive, was not properly considered and could constitute a reasonable excuse. Furthermore, the magistrate imposed a fine that, while permissible under the Adjustment of Fines Act, was irrelevant as the conviction itself was unlawful. The con…

Source excerpt

• Failure To Attend Court
• Reverse Onus
• Summary Enquiry
• Adjustment Of Fines Act
• Constitutional Rights Of Accused

S v Morake (160/2013)

S v Morake (160/2013) [2013] ZAFSHC 141 (22 August 2013)

Court

Free State High Court, Bloemfontein

Case number

160/2013

Judges

Lekale, Phalatsi

On automatic review, the High Court confirmed a conviction for driving above the legal alcohol limit but reduced the custodial alternative to the fine.

• Driving Under Influence
• Automatic Review
• Sentencing Ratio
• Adjustment Of Fines Act
• National Road Traffic Act
• Automatic-review