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South Africa Case Law

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Criminal Law [2022] ZAWCHC 145

S v Paulse (208/22;29/22;15/932/2021)

S v Paulse (208/22;29/22;15/932/2021) [2022] ZAWCHC 145; 2022 (2) SACR 451 (WCC) (29 July 2022)

Court
Western Cape High Court, Cape Town
Case number
29/22
Judges
Le Grange, Henney

The court held that the magistrate erred in convicting the accused solely on her admissions during section 112(1)(b) questioning, without any supporting scientific evidence or section 212 certificate to confirm the nature of the substances. The accused was unrepresented and her admissions regarding the identity of the substances were not based on personal scientific knowledge. The authorities require that, in such circumstances, the court must request and consider scientific evidence before convicting. The absence of such evidence rendered the convictions unsafe and not in accordance with jus…

Source excerpt

  • Drugs And Drug Trafficking Act
  • Section 112 Plea Procedure
  • Admissions By Accused
  • Scientific Evidence
  • Automatic Review
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Criminal Law [2012] ZAFSHC 222

S v Nyalambisa (136/2012)

S v Nyalambisa (136/2012) [2012] ZAFSHC 222 (29 November 2012)

Court
Free State High Court, Bloemfontein
Case number
136/2012
Judges
J.P. Daffue, A. Kruger

The court found that the accused's guilty plea and admissions were sufficient for conviction on the main charge of dealing in dagga, given his background and apparent understanding of the proceedings. However, the forfeiture order regarding the vehicle was not supported by evidence that the vehicle was used in the commission of the offence, was in the accused's possession or control, or was seized in terms of the Act. The magistrate failed to place sufficient facts on record to justify forfeiture, and the accused was not informed of his rights regarding forfeiture. The conviction and sentence…

Source excerpt

  • Drug Trafficking
  • Forfeiture Of Property
  • Plea Procedure
  • Admissions By Accused
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.