South Africa Case Law

S v Mrabule (Review) (HC16/2025)

S v Mrabule (Review) (HC16/2025) [2025] ZANWHC 72 (10 April 2025)

Court

North West High Court, Mafikeng

Case number

HC16/2025

Judges

T Masike, A Reddy

The proceedings before Acting Magistrate Wallis were not in accordance with justice because the accused did not unequivocally admit that his ability to drive was impaired by alcohol consumption, which is an essential element of the offence of driving under the influence. The questioning in terms of section 112(1)(b) of the Criminal Procedure Act was insufficient to establish all elements of the offence. As a result, the conviction and sentence must be set aside. The fine imposed, if paid, must be refunded to the accused, and the matter is referred to the National Prosecuting Authority to deci…

Source excerpt

• Drunken Driving
• Criminal Procedure Act Section 112 1 B
• Charge Particularity
• National Road Traffic Act Section 65
• Conviction And Sentence Setting Aside

Ngqengqa v S (A239/2023)

Ngqengqa v S (A239/2023) [2024] ZAWCHC 96 (4 March 2024)

Court

Western Cape High Court, Cape Town

Case number

A239/2023

Judges

Wille, Katz

The High Court set aside the kidnapping conviction but upheld the rape conviction and sentence, finding the complainant’s evidence was properly corroborated.

• Rape Of Minor
• Kidnapping
• Single Witness Rule
• Minimum Sentencing
• Charge Particularity
• Rape-of-minor

S v Monyane, S v Monyane, S v Ramateletse (354/2010)

S v Monyane, S v Monyane, S v Ramateletse (354/2010) [2010] ZAFSHC 129 (30 September 2010)

Court

Free State High Court, Bloemfontein

Case number

354/2010

Judges

C.J. Musi, Kruger

Review of three magistrates’ court criminal matters set aside for gross irregularities, inadequate charge particulars, defective records, and unfair trial conduct.

• Fair Trial Rights
• Record Of Proceedings
• Charge Particularity
• Judicial Conduct
• Sentencing Irregularity
• Criminal-review