South Africa Case Law

Nonzukiso Security Services and Another v Regional Magistrate, Cape Town and Another (13158/18)

Nonzukiso Security Services and Another v Regional Magistrate, Cape Town and Another (13158/18) [2025] ZAWCHC 185 (30 April 2025)

Court

Western Cape High Court, Cape Town

Case number

13158/18

Judges

M Pangarker, H Slingers

The High Court dismissed a review of a magistrate’s refusal to allow a plea change, holding the application premature because the criminal case was still incomplete.

• Change Of Plea
• Review In Medias Res
• Gross Irregularity
• Section 113 Criminal Procedure Act
• Condonation
• Costs Award

T.T v S (A180/2020)

T.T v S (A180/2020) [2021] ZAGPPHC 359 (27 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A180/2020

Judges

Phahlane, Teffo

The court found that the appellant failed to provide a reasonable explanation for changing his plea from guilty to not guilty under section 113 of the Criminal Procedure Act. The timing and reasons advanced for the application were unconvincing and did not meet the threshold required by law. The trial court had properly followed the procedures under section 112(2), and the appellant's admissions in his statement were clear and unequivocal. Regarding sentence, the court held that no substantial and compelling circumstances existed to justify deviation from the prescribed minimum sentence of li…

Source excerpt

• Rape Of Minor
• Minimum Sentencing
• Change Of Plea
• Substantial And Compelling Circumstances
• Section 112 Statement
• Section 113 Application

Kisten v S (AR686/13)

Kisten v S (AR686/13) [2015] ZAKZDHC 5 (28 January 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

AR686/13

Judges

Woodley, Moodley, Chetty

The High Court set aside a murder conviction and sentence after finding material procedural irregularities in the plea and sentencing process.

• Change Of Plea
• Section 112 Statement
• Section 113 Correction
• Voluntariness Of Admissions
• Procedural Irregularity
• Criminal-procedure

S v Lumkwana (K/S 15/00)

S v Lumkwana (K/S 15/00) [2006] ZANCHC 90 (1 June 2006)

Court

Northern Cape High Court, Kimberley

Case number

K/S 15/00

Judge

Mokgohloa

Leave to appeal against rape conviction and sentence was refused because the guilty plea confirmed the State’s case and no reasonable prospects of success were shown.

• Rape
• Leave To Appeal
• Sentencing
• Change Of Plea
• Reasonable Prospects Of Success
• Criminal-law

S v Bogosi (487/94)

S v Bogosi (487/94) [1995] ZASCA 119 (28 September 1995)

Court

Supreme Court of Appeal

Case number

487/94

Judges

Scott, Hefer, Grosskopf

The Supreme Court of Appeal held that the appellants failed to provide a reasonable explanation for their change of plea from guilty to not guilty. Their claims of duress and undue influence were contradicted by their former attorney and lacked corroboration. Mere assertions of innocence, without substantive explanation, do not suffice to require a change of plea under section 121(6) of the Criminal Procedure Act. The magistrate correctly applied the standard of proof, finding the explanations false beyond reasonable doubt. The appeal was dismissed as there was no basis to interfere with the…

Source excerpt

• Change Of Plea
• Duress
• Onus Of Proof
• Criminal Procedure Act
• Fraud
• Theft