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South Africa decisions
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Tuta v The State (CCT 308/20) [2022] ZACC 19; 2023 (2) BCLR 179 (CC); 2024 (1) SACR 242 (CC) (31 May 2022)
The Constitutional Court held that the trial court misdirected itself on putative private defence, set aside Tuta’s murder and attempted murder convictions, and ordered his release.
Botha v S (A54/2016) [2019] ZAGPPHC 244 (11 June 2019)
The appeal succeeded in respect of the sentences of life imprisonment imposed for rape (counts 1 and 8) because the charge sheet referenced section 51(2) of the Criminal Law Amendment Act and did not specify the aggravating circumstances required for life imprisonment under section 51(1). The trial court was therefore not competent to impose life imprisonment. The evidence established that the complainant was under 16 and repeatedly raped, but this was not reflected in the charges. The conviction and sentence on count 9 were set aside as the charge was not put to the appellant. The conviction…
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Ndou v S (247/18) [2019] ZASCA 85; 2019 (2) SACR 243 (SCA) (31 May 2019)
The Supreme Court of Appeal held that the Full Court could not overturn an acquittal without a State cross-appeal. It also reduced sentence and ordered partial concurrency.
Snyders and Others v De Jager and Others (Appeal) (CCT186/15) [2016] ZACC 55; 2017 (5) BCLR 614 (CC); 2017 (3) SA 545 (CC) (21 December 2016)
The Constitutional Court held that an ESTA eviction confirmation by the Land Claims Court is appealable to the Supreme Court of Appeal and set aside the eviction order.
Hlungwani v S (A37/2013) [2013] ZAGPPHC 226 (2 August 2013)
The High Court dismissed an appeal against sentence and confirmed that the guilty pleas and section 112 admissions supported convictions on all counts.
Jacobus and Another v Department of Water Affairs and Forestry (WT25/05/2006) [2009] ZAWT 18 (6 October 2009)
The Water Tribunal held it had no jurisdiction to test the legality of an ISP and dismissed an appeal against refusal of water use licences.
Crouse NO and Another v Workers Union of South Africa (CA1/2006) [2008] ZALCCT 6 (19 May 2008)
The Labour Appeal Court held that the Registrar’s refusal to register a union was not a final appealable decision because section 96 procedures were not followed.
S v Botha en 'n Ander (336/01) [2001] ZASCA 146; [2002] 2 All SA 577 (A); 2002 (2) SA 680 (SCA); 2002 (1) SACR 222 (SCA) (30 November 2001)
The Supreme Court of Appeal held that bail proceedings for purposes of sections 20 and 21 of the Supreme Court Act are criminal in nature, not civil. The limitation on appeals in criminal cases under section 315(4) of the Criminal Procedure Act applies only to appeals provided for in Chapter 31 and does not exclude other criminal appeals under section 21(1) of the Supreme Court Act. Therefore, an accused may appeal to the Supreme Court of Appeal against the refusal of bail by a higher court as court of first instance without prior leave. On the merits, the court found that the formulation of…
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S v Sebola and Others (292/94, 282/94, 300/94) [1997] ZASCA 39 (12 May 1997)
The court dismissed one appeal for lack of leave, upheld the convictions and sentences on several counts, and set aside all death sentences after constitutional change.
S v Payi (16/86) [1986] ZASCA 15 (14 March 1986)
The court upheld a murder conviction and death sentence, finding no misdirection in the trial court’s refusal to find extenuating circumstances.
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