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South Africa decisions
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S v Mbalekwa - Review Judgment (CA&R 142/2023) [2023] ZAECMKHC 104 (5 September 2023)
The High Court set aside a magistrate’s conviction and sentence because the accused’s plea facts did not support the charge under the section relied on.
S v Koeries (146/2023) [2023] ZAWCHC 128; [2023] 4 All SA 629 (SCA); 86 SATC 441 (24 May 2023)
The High Court confirmed a culpable homicide conviction despite a defective charge sheet, finding the accused understood the case and suffered no prejudice.
S v Ndike (CA&R 244/2018) [2018] ZAECGHC 103 (25 September 2018)
The court found that the accused was incorrectly charged under section 17(b) of the Domestic Violence Act, which relates to the publication of information revealing the identity of parties to proceedings, rather than the contravention of a protection order. The accused's conduct, as admitted in his plea, constituted a contravention of section 17(a), which criminalises the breach of protection orders. The error in the charge sheet did not prejudice the accused, as he was aware of the nature of the charge and pleaded guilty to the relevant facts. The court held that the charge sheet, conviction…
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S v Pilane and Another (CA 59/2009) [2010] ZANWHC 20 (17 September 2010)
Criminal appeal against fraud and theft convictions upheld after the court found the amended fraud charge prejudicial and the evidence insufficient.
Pilane and Another v S (CA 59/2009) [2010] ZANWHC 25 (17 September 2010)
Criminal appeal against fraud and theft convictions arising from tribal funds and a late charge amendment. The High Court found prejudice and lack of proof, and set aside convictions and sentences.
S v Magwete (A277/10) [2010] ZAGPPHC 540 (13 April 2010)
On special review, the High Court amended two theft charges to match the evidence, found no prejudice to the accused, and confirmed the remaining convictions and sentence.
S v Venter (129/2006) [2006] ZANCHC 74 (21 December 2006)
On special review, the court amended a magistrates’ court conviction for impersonating a police officer to reflect the correct statute and remitted the matter for sentencing.
S v Sehunoe (CA 53/2002) [2002] ZANWHC 46 (12 December 2002)
The court found that the conviction for theft on count 1 was justified, as the appellant's conduct and subsequent explanations indicated an intention to permanently deprive the complainant of his property. The trial court's credibility findings were upheld. On count 2, the conviction under section 1(1) of Act 50 of 1956 was set aside because the appellant had the owner's consent to use the vehicle, and thus the statutory requirements were not met. The court held that the charge should have been amended to reflect a contravention of section 66(2) of Act 93 of 1996, which prohibits driving a ve…
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S v Mokgwatlheng (42/2002) [2002] ZANWHC 21 (6 June 2002)
On automatic review, the High Court corrected a mis-cited escape-from-custody charge and narrowed an overbroad suspended-sentence condition.
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