South Africa Case Law

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

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• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

Makhubele v Minister of Police and Another (1320/2021)

Makhubele v Minister of Police and Another (1320/2021) [2025] ZANWHC 76 (25 April 2025)

Court

North West High Court, Mafikeng

Case number

1320/2021

Judge

J T Djaje

The High Court dismissed a claim for unlawful arrest, detention, and assault, finding the police had reasonable grounds to arrest the plaintiff under section 40(1)(b).

• Unlawful Arrest
• Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Assault
• Admission Of Guilt Fine

Esyas v Magistrate Mckenzie Paarl Magistrates Court and Others (7881/24)

Esyas v Magistrate Mckenzie Paarl Magistrates Court and Others (7881/24) [2024] ZAWCHC 106 (22 April 2024)

Court

Western Cape High Court, Cape Town

Case number

7881/24

Judges

Lekhuleni, Goliath

The High Court set aside an admission of guilt fine paid by an Ethiopian applicant who did not understand English and had no interpreter. It ordered a refund, a fresh hearing before another magistrate, and an interpreter.

• Admission Of Guilt Fine
• Right To Interpreter
• Fair Trial Rights
• Immigration Detention
• Gross Irregularity
• Public Official Misconduct

Nkosi v S (Appeal) (AR 368/21)

Nkosi v S (Appeal) (AR 368/21) [2023] ZAKZPHC 133 (3 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 368/21

Judges

Mngadi, Davis

The High Court upheld an appeal against convictions for corruption and defeating the ends of justice, setting aside both convictions and sentences.

• Corruption
• Defeating The Ends Of Justice
• Admission Of Guilt Fine
• Accomplice Evidence
• Duplication Of Charges
• Defeating-the-ends-of-justice

S v Mabatha (REV50/2023; D8251087)

S v Mabatha (REV50/2023; D8251087) [2023] ZALMPTHC 9 (19 September 2023)

Court

Limpopo High Court, Thohoyandou

Case number

REV50/2023; D8251087

Judges

IM Khosa, AML Phatudi

The High Court reviewed and set aside an erroneously confirmed admission of guilt fine, finding the magistrate’s court proceedings were not in accordance with justice.

• Admission Of Guilt Fine
• Withdrawal Of Charge
• Fair Trial Rights
• Section 304 Review
• Admission-of-guilt-fine
• Withdrawal-of-charge

S v Zulu and Others (AR219/2022)

S v Zulu and Others (AR219/2022) [2023] ZAKZPHC 71 (30 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR219/2022

Judges

Mngadi, P Bezuidenhout

The High Court reviewed and set aside admission-of-guilt fines paid by 22 accused after finding the charges and procedure under the Criminal Procedure Act and NLTA were defective.

• Admission Of Guilt Fine
• Criminal Procedure Act
• National Land Transport Act
• Review Of Magistrate Proceedings
• Admission-of-guilt-fine
• Criminal-procedure-act

S v Mashilo (REV 56/2023)

S v Mashilo (REV 56/2023) [2023] ZALMPPHC 21 (10 May 2023)

Court

Limpopo High Court, Polokwane

Case number

REV 56/2023

Judges

MG Phatudi, GC Muller

The court found that the accused was a minor at the time of the alleged offence and should have been dealt with under the Child Justice Act, which requires a preliminary inquiry and prohibits the use of admission of guilt fines for children. The police official failed to comply with the statutory requirements for issuing a written notice to a child, and the magistrate's confirmation of the admission of guilt fine was therefore irregular and a nullity. The High Court exercised its inherent review powers to set aside both the notice and the fine, ordering a refund to the accused.

Source excerpt

• Admission Of Guilt Fine
• Child Justice Act
• Procedural Irregularity
• Minor Offender
• Review Proceedings

S v Machina (13900/2021)

S v Machina (13900/2021) [2022] ZAWCHC 135 (18 July 2022)

Court

Western Cape High Court, Cape Town

Case number

13900/2021

Judges

Binns-Ward, Henney

The High Court found that the magistrates' court record did not adequately reflect that the accused was properly informed of his rights and the consequences of paying the admission of guilt fine, particularly the incurrence of a criminal record. The factual contradictions between the accused's affidavit and the written acknowledgments in the record could not be resolved in special review proceedings. However, given the absence of opposition from the respondents and the practical interests of justice, the Court set aside the conviction and sentence and ordered the refund of the fine, without p…

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• Admission Of Guilt Fine
• Review Proceedings
• Criminal Record Consequences
• National Road Traffic Act
• Procedural Fairness

Ojuawo v S and Another (56633/2021)

Ojuawo v S and Another (56633/2021) [2022] ZAGPPHC 382 (6 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

56633/2021

Judge

E van der Schyff

The High Court dismissed a review of an admission of guilt fine, finding the applicant knew the consequences and failed to show the process was unjust.

• Admission Of Guilt Fine
• Review Of Magistrates Court Proceedings
• Criminal Record Consequences
• Constitutional Rights Explanation
• Admission-of-guilt-fine
• Criminal-records

Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018)

Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

77433/2018

Judge

Khwinana

The High Court set aside an admission of guilt conviction and fine after finding the applicant’s rights were not properly explained and the payment was made under duress.

• Admission Of Guilt Fine
• Criminal Record Expungement
• Covid19 Lockdown Regulations
• Bill Of Rights Protection
• Procedural Fairness
• Admission-of-guilt-fine