South Africa Case Law

S v B.T (R14/2024)

S v B.T (R14/2024) [2024] ZANCHC 102 (13 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

R14/2024

Judges

Stanton, Chwaro

The court held that the trial court erred by failing to apply the sentencing options and principles contained in Chapter 10 of the Child Justice Act when sentencing the child offender, who was 17 at the time of arrest but turned 18 during proceedings. The sentencing regime of the Child Justice Act remains applicable in such circumstances, as confirmed by constitutional and statutory interpretation and relevant case law. The trial court's reliance solely on the probation officer's recommendation, without considering alternative sentencing options or providing reasons for their exclusion, const…

Source excerpt

• Child Justice Act
• Sentencing Of Child Offenders
• Automatic Review
• Best Interests Of Child
• Imprisonment As Last Resort

James Robertson Smit NO of JR Family Trust and Others v Swart and Others (LCC02R/2024)

James Robertson Smit NO of JR Family Trust and Others v Swart and Others (LCC02R/2024) [2024] ZALCC 30 (6 September 2024)

Court

Land Claims Court

Case number

LCC 02R/2024

Judge

Flatela

Automatic review under ESTA of a magistrate’s dismissal of an eviction application. The Land Claims Court set it aside and ordered eviction with municipal emergency accommodation.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right Of Residence
• Municipal Housing Obligation
• Automatic Review
• Just And Equitable Eviction

S v Nchabeleng (Rev 47/2024)

S v Nchabeleng (Rev 47/2024) [2024] ZALMPPHC 54 (28 May 2024)

Court

Limpopo High Court, Polokwane

Case number

Rev 47/2024

Judges

Kganyago, Pillay

The High Court set aside a maintenance conviction and sentence after finding unfair plea, sentencing, and review irregularities in the magistrate’s court.

• Maintenance Act
• Fair Trial Rights
• Defective Charge Sheet
• Mitigation And Aggravation
• Automatic Review
• Plea Procedure

Mokhele v Minister of Defence and Others (4228/2021)

Mokhele v Minister of Defence and Others (4228/2021) [2024] ZAFSHC 159 (24 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4228/2021

Judges

Chesiwe, Groenewald

The High Court granted condonation and reviewed aside a military appeal decision, finding the applicant’s hearing was procedurally unfair and remitted the matter.

• Procedural Fairness
• Condonation
• Right To Legal Representation
• Automatic Review
• Military Justice
• Procedural-fairness

S v Mokwena (30/2023)

S v Mokwena (30/2023) [2024] ZANWHC 28 (6 February 2024)

Court

North West High Court, Mafikeng

Case number

30/2023

Judges

Hendricks JP, Petersen J

The court found that the Regional Magistrate failed to comply with the mandatory provisions of the Child Justice Act and Criminal Procedure Act by not transmitting the matter for automatic review timeously and by failing to properly explain the child offender's appeal rights. These failures constitute gross irregularities in the proceedings, resulting in a miscarriage of justice. The conviction and sentence were set aside, and the child offender was ordered to be released from detention immediately. The judgment was directed to be brought to the attention of the Magistrates' Commission, the R…

Source excerpt

• Child Justice Act
• Automatic Review
• Gross Irregularity
• Appeal Rights
• Sentencing Of Child Offenders

S v Du Preez (HC 05/2023)

S v Du Preez (HC 05/2023) [2023] ZANWHC 197 (1 November 2023)

Court

North West High Court, Mafikeng

Case number

HC 05/2023

Judges

A Reddy, A H Petersen

Automatic review of a guilty plea for drug possession was set aside because the magistrate convicted without scientific analysis certificates and reliable proof.

• Drug Possession
• Plea Procedure
• Scientific Evidence
• Automatic Review
• Fair Trial Rights
• Automatic-review

S v P.M (Review) (02/2023)

S v P.M (Review) (02/2023) [2023] ZANWHC 184; 2024 (1) SACR 1 (NWM) (5 October 2023)

Court

North West High Court, Mafikeng

Case number

02/2023

Judges

Hendricks, Petersen

The High Court found that the proceedings were not in accordance with justice due to multiple gross irregularities: the failure to transmit the matter for automatic review as required by the Child Justice Act; the imposition of an incompetent sentence exceeding the statutory maximum under section 276(1)(i) of the Criminal Procedure Act; the misapplication of the Criminal Law Amendment Act minimum sentencing regime to a child offender, contrary to section 51(6); and the absence of a complete record, with no proper reconstruction attempted. These failures collectively resulted in a miscarriage…

Source excerpt

• Child Justice Act
• Automatic Review
• Sentencing Of Children
• Gross Irregularity
• Record Reconstruction
• Minimum Sentences

Beginsel v S (A200/2022; 849/2018; 01/2021)

Beginsel v S (A200/2022; 849/2018; 01/2021) [2023] ZAWCHC 214 (8 August 2023)

Court

Western Cape High Court, Cape Town

Case number

A200/2022

Judges

P. S. Van Zyl, C. M. Fortuin

Appeal against sentence in a theft case. The High Court found the cumulative effect of separate sentences was too harsh and substituted wholly suspended sentences.

• Theft
• Sentencing Principles
• Concurrent Sentences
• Correctional Supervision
• Automatic Review
• Mitigating And Aggravating Factors

S v Machubeni (REV59/2023)

S v Machubeni (REV59/2023) [2023] ZALMPPHC 59 (1 August 2023)

Court

Limpopo High Court, Polokwane

Case number

REV59/2023

Judges

Kganyago, Makoti

The court found that the accused's right to legal representation was not properly respected, as the magistrate failed to confirm with the accused whether he wished to conduct his own defence and did not encourage him to seek legal representation. The magistrate relied solely on the prosecutor's statement and failed to conduct the necessary enquiry. Furthermore, the magistrate did not question the accused in terms of section 112(1)(b) of the Criminal Procedure Act to ensure that all essential elements of the offence were admitted, resulting in a conviction based only on a general guilty plea.…

Source excerpt

• Right To Legal Representation
• Section 112 Plea Procedure
• Jurisdictional Limits Of Magistrate
• Fair Trial
• Automatic Review

S v JEK (CA & R 26/2023)

S v JEK (CA & R 26/2023) [2023] ZANCHC 45 (28 July 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 26/2023

Judges

Mamosebo, Lever

The High Court set aside a child offender’s conviction and 8-month compulsory residence sentence, finding the guilty plea procedure and record were not in accordance with justice.

• Child Justice Act
• Automatic Review
• Plea Of Guilty
• Record Of Proceedings
• Sentencing Of Children
• Child-justice-act