South Africa Case Law

S v J.M.J (Review) (CA&R 65/2024)

S v J.M.J (Review) (CA&R 65/2024) [2024] ZANCHC 124 (29 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R65/2024

Judges

Mamosebo, Stanton

The proceedings in the magistrate’s court were not in accordance with justice. The charge sheet was vague and failed to specify the relevant section of the Children’s Act, rendering it defective and unable to sustain a conviction. There were discrepancies regarding the date of the offence and the age of the accused, which were not clarified. The sentence of correctional supervision imposed was incompetent, lacking necessary conditions and specificity, leaving the accused uncertain about her obligations. The trial court failed to incorporate recommendations from the suitability report and did…

Source excerpt

• Child Neglect
• Criminal Procedure Act
• Children S Act
• Correctional Supervision
• Fair Trial Rights

Mofoka v S (A198/2022)

Mofoka v S (A198/2022) [2022] ZAGPPHC 631 (16 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

A198/2022

Judges

Van Wyk, De Vos

On special review, the High Court corrected an unlawful five-year correctional supervision sentence for child neglect to the statutory maximum of three years.

• Child Neglect
• Sentencing Jurisdiction
• Correctional Supervision
• Children's Act
• Criminal Procedure
• Child-neglect

Marnewick v S (A713/10)

Marnewick v S (A713/10) [2011] ZAWCHC 222 (12 May 2011)

Court

Western Cape High Court, Cape Town

Case number

A713/10

Judges

Henney, Zondi

The High Court upheld a culpable homicide conviction based on failure to obtain medical care for a child, but reduced the sentence from 15 to 8 years.

• Culpable Homicide
• Child Neglect
• Failure To Provide Medical Care
• Culpable-homicide
• Child-neglect
• Failure-to-provide-medical-care