South Africa Case Law

Director of Public Prosecutions KwaZulu-Natal v Mzanywa and Another (AR374/2022)

Director of Public Prosecutions KwaZulu-Natal v Mzanywa and Another (AR374/2022) [2023] ZAKZPHC 108 (13 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR374/2022

Judges

Mossop, E Bezuidenhout

The court held that the applicant's dissatisfaction with the magistrate's decision does not constitute grounds for review, as no procedural irregularity was identified. The distinction between appeal and review was emphasized: review is concerned with legality and process, not the correctness of the decision. The court found that the State's complaint was solely about the merits of the acquittal, which is not reviewable. Furthermore, the court held that the acquittal is not appealable by the State except on a narrow question of law, and the facts of this case do not raise such a question. The…

Source excerpt

• Review Of Acquittal
• Culpable Homicide
• Double Jeopardy
• Section 174 Discharge
• Appeal Vs Review

S v Musuia (156/21)

S v Musuia (156/21) [2021] ZAMPMHC 29 (4 November 2021)

Court

Middelburg High Court, Mpumalanga

Case number

156/21

Judges

HF Brauckmann, L Vukeya

The High Court refused a special review of a magistrate’s discharge under section 174, holding that any legal misdirection is a matter for appeal, not review.

• Section 174 Discharge
• Review Procedure
• Magistrates Court Jurisdiction
• Appeal Vs Review
• Criminal-law
• Special-review

Moamogoe v S (191/2019)

Moamogoe v S (191/2019) [2020] ZASCA 106; 2021 (1) SACR 121 (SCA) (18 September 2020)

Court

Supreme Court of Appeal

Case number

191/2019

Judges

Saldulker, Mbha, Van Der Merwe, Schippers, Mabindla-Boqwana

The Supreme Court of Appeal dismissed an appeal against sentence based on a plea and sentence agreement, holding the challenge belonged in review, not appeal.

• Plea And Sentence Agreement
• Appeal Vs Review
• Section 105a Criminal Procedure Act
• Sentence Concurrency
• Plea-and-sentence-agreement
• Criminal-appeals