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South Africa decisions
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Maduna v S (A100/2023) [2024] ZAFSHC 47 (14 February 2024)
The High Court set aside a rape conviction after finding the complainant’s evidence was not satisfactory in all material respects and reasonable doubt remained.
S v Benya - Review Judgment (CA&R 140/2023) [2023] ZAECMKHC 105 (19 September 2023)
The High Court corrected a magistrate’s review judgment, substituting the proper Domestic Violence Act section and confirming the sentence on a suspended basis.
S v Modimolla (02/2022 A290/2021) [2022] ZALMPPHC 14 (18 February 2022)
The accused was initially charged and convicted under a repealed statute, the Arms and Ammunition Act 75 of 1969, which no longer constituted a criminal offence at the time of the alleged conduct. The subsequent amendment of the charge sheet to substitute the charge with one under the Firearms Control Act 60 of 2000 after conviction was not a permissible amendment under section 86(1) of the Criminal Procedure Act, but rather an impermissible substitution. The magistrate, having convicted the accused, was functus officio and could not amend the charge sheet post-conviction. This irregularity r…
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Nketle v S (A141 /2020) [2021] ZAFSHC 276 (5 November 2021)
The High Court dismissed a criminal appeal against a murder conviction, holding that the charge amendment was fair and the State proved guilt beyond reasonable doubt.
Maphanga v S (607/2017) [2018] ZASCA 120 (20 September 2018)
The Supreme Court of Appeal dismissed an application to reconsider refused special leave to appeal, finding no exceptional circumstances under s 17(2)(f).
Sebele v S (A782/2016) [2018] ZAGPPHC 654 (28 August 2018)
The High Court upheld an appeal against a murder conviction, finding the State had not proved intent to kill beyond reasonable doubt and acquitting the appellant.
Sehloho v S (CA18/2017) [2017] ZANWHC 66 (22 September 2017)
The trial court misdirected itself by sentencing the appellant to life imprisonment under section 51(2) of the Criminal Law Amendment Act, as the charge sheet was not amended to reflect section 51(1) despite the complainant's age being under 16. The Regional Court lacked jurisdiction to impose life imprisonment under section 51(2); the maximum permissible sentence was 15 years. Furthermore, the appellant's personal circumstances, including his age, status as a first offender, and potential for rehabilitation, constituted substantial and compelling circumstances justifying a departure from the…
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S v Madocha (A335/16) [2016] ZAGPPHC 387 (24 May 2016)
On special review, the High Court held the accused had been charged under the wrong Immigration Act provision, amended the charge sheet, and reduced the sentence to three months.
Samuels v S (A558/13, 9/1227/13) [2016] ZAWCHC 33; 2016 (2) SACR 298 (WCC) (31 March 2016)
The High Court upheld an appeal against a contempt conviction, finding the trial court should have entered a not-guilty plea and that the sentence condition was invalid.
Ntulini v Regional Court Magistrate, Bloemfontein and Another (A125/2013) [2014] ZAFSHC 131 (28 August 2014)
The court held that the amendment to the charge sheet did not constitute a substitution of the offence but was a permissible amendment to align the charge with the law applicable at the time of the offence. The applicant was charged with statutory rape under the 2007 Act, but the offence occurred in 2004, before the Act commenced. The amendment reverted the charge to common law rape, for which indecent assault is a competent verdict. The applicant suffered no prejudice, as his defence would have been the same had he been charged with common law rape from the outset. He had legal representatio…
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