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South Africa Case Law

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Criminal Law [2024] ZALMPPHC 98

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022)

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022) [2024] ZALMPPHC 98 (16 August 2024)

The High Court refused the State’s reservation of questions of law after a guilty admission to culpable homicide, finding the issues were factual, not legal.

  • Admission Of Guilt
  • Reservation Of Questions Of Law
  • Plea Change
  • Culpable Homicide
  • Conviction Procedure
  • Reservation-of-questions-of-law
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Criminal Law [2023] ZAWCHC 47

Hoosen v S (412/22)

Hoosen v S (412/22) [2023] ZAWCHC 47 (6 March 2023)

The High Court set aside a conviction and sentence entered after payment of an admission of guilt fine, finding that the accused had not been properly informed.

  • Admission Of Guilt
  • Criminal Record Expungement
  • Section 304 Review
  • Constitutional Rights Explanation
  • Admission-of-guilt
  • Criminal-records
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Civil Procedure [2018] ZAGPJHC 46

Mhlanga v Minister of Police (41410/2012)

Mhlanga v Minister of Police (41410/2012) [2018] ZAGPJHC 46 (16 February 2018)

The High Court held that the plaintiff’s warrantless arrest and detention were lawful because the officer credibly observed liquor-selling offences in his presence.

  • Unlawful Arrest
  • Damages For Unlawful Detention
  • Admission Of Guilt
  • Liquor Act Offences
  • Unlawful-arrest
  • Unlawful-detention
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Criminal Law [2015] ZAGPPHC 495

S v Adanlawa (201/15, A375/2015)

S v Adanlawa (201/15, A375/2015) [2015] ZAGPPHC 495 (11 June 2015)

High Court review setting aside an admission of guilt after finding the accused likely did not understand its consequences.

  • Admission Of Guilt
  • Criminal Procedure Act Section 304
  • Theft
  • Review Of Magistrates Court Decisions
  • Admission-of-guilt
  • Criminal-procedure
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Criminal Law [2015] ZAWCHC 25

S v Houtzamer (B7968969/08)

S v Houtzamer (B7968969/08) [2015] ZAWCHC 25 (10 March 2015)

The High Court set aside an admission of guilt and deemed conviction where the accused was told to pay while still in custody and was not properly warned.

  • Admission Of Guilt
  • Criminal Record Expungement
  • Review Of Magistrates Decision
  • Procedural Fairness
  • Admission-of-guilt
  • Deemed-conviction
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Criminal Law [2014] ZAFSHC 62

S v Yawa (55/2014)

S v Yawa (55/2014) [2014] ZAFSHC 62 (12 May 2014)

The High Court set aside a section 170(2) enquiry and an admission of guilt fine, finding the proceedings unfair, biased, and procedurally defective.

  • Failure To Appear
  • Admission Of Guilt
  • Dangerous Weapons Act
  • Fair Trial Rights
  • Special-review
  • Fair-trial-rights
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Criminal Law [2013] ZAFSHC 192

Mabote v S (297/13)

Mabote v S (297/13) [2013] ZAFSHC 192 (12 December 2013)

The High Court set aside an admission-of-guilt conviction after finding the accused had a probable and arguable defence to an overloading charge.

  • Admission Of Guilt
  • Overloading
  • Cross Border Permit
  • Impoundment Of Vehicle
  • Criminal-law
  • Admission-of-guilt
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Criminal Law [2013] ZAFSHC 202

S v Mpompi (10/2013)

S v Mpompi (10/2013) [2013] ZAFSHC 202 (14 November 2013)

The High Court set aside a magistrate’s confirmation of an admission of guilt fine because it was confirmed after the accused had already pleaded to the charge.

  • Admission Of Guilt
  • Criminal Procedure Act
  • Review Of Magistrate Decision
  • Drugs And Drug Trafficking Act
  • Admission-of-guilt
  • Criminal-procedure-act
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Criminal Law [2009] ZAGPPHC 312

S v Venter (1119, 21/2009, B8605789)

S v Venter (1119, 21/2009, B8605789) [2009] ZAGPPHC 312 (2 September 2009)

The High Court set aside an admission-of-guilt conviction because the charge described only “shoplifting” without proper particulars of the alleged offence.

  • Admission Of Guilt
  • Shoplifting
  • Charge Description
  • Review Procedure
  • Admission-of-guilt
  • Criminal-review
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Criminal Law [2007] ZANWHC 41

S v Tlaka (50/07)

S v Tlaka (50/07) [2007] ZANWHC 41 (10 August 2007)

The High Court reviewed and set aside a culpable homicide conviction after finding the magistrate’s section 112 questioning did not sufficiently establish guilt.

  • Culpable Homicide
  • Section 112 Criminal Procedure Act
  • Plea Procedure
  • Admission Of Guilt
  • Culpable-homicide
  • Section-112
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.