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South Africa Case Law

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Criminal Law [2015] ZAFSHC 98

Mohoje v Visser and Another (A249/2014)

Mohoje v Visser and Another (A249/2014) [2015] ZAFSHC 98 (14 May 2015)

High Court review dismissed after finding no proof that the applicant’s guilty plea was induced by duress or misconduct by his lawyer.

  • Right To Legal Representation
  • Reviewable Irregularity
  • Duress In Plea
  • Competence Of Counsel
  • Section 220 Admissions
  • Criminal-procedure-review
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Criminal Law [2014] ZAGPJHC 133

Khunjwa v S (A505/2013)

Khunjwa v S (A505/2013) [2014] ZAGPJHC 133 (19 May 2014)

Appeal against robbery conviction dismissed. The court upheld identification evidence, rejected claims of unfair representation, and found the remaining evidence proved guilt.

  • Identification Parade
  • Admissibility Of Evidence
  • Competence Of Counsel
  • Robbery With Aggravating Circumstances
  • Hearsay Evidence
  • Criminal-appeal
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Criminal Law [2014] ZAGPJHC 115

Khunjwa v S (A505/2013)

Khunjwa v S (A505/2013) [2014] ZAGPJHC 115 (19 April 2014)

Appeal dismissed in a robbery conviction appeal. The High Court upheld identification evidence, rejected claims of unfair representation, and found the remaining evidence proved guilt.

  • Identification Parade
  • Admissibility Of Evidence
  • Competence Of Counsel
  • Robbery With Aggravating Circumstances
  • Hearsay Evidence
  • Judges Rules
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Criminal Law [2011] ZAGPPHC 113

Mbhungi v S (A1068/10)

Mbhungi v S (A1068/10) [2011] ZAGPPHC 113 (10 June 2011)

The court found that the appellant was legally represented throughout the trial and did not raise any complaint regarding his counsel's competence during the proceedings. The alleged inadequacy in cross-examination and brevity of counsel's questions did not amount to prejudice, as the appellant was afforded the opportunity to present his own version under oath. The trial court carefully evaluated the evidence, including the credibility of state witnesses and the versions of the accused. The court held that the appellant failed to demonstrate actual prejudice resulting from his counsel's condu…

  • Fair Trial Rights
  • Competence Of Counsel
  • Murder
  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
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Criminal Law [2007] ZANWHC 33

S v Mzizi (CC 7/2001)

S v Mzizi (CC 7/2001) [2007] ZANWHC 33 (19 July 2007)

High Court granted condonation and made a special entry on whether the deceased’s dying declaration, “That’s Gugu,” was inadmissible hearsay.

  • Hearsay Evidence
  • Dying Declaration
  • Special Entry
  • Condonation
  • Competence Of Counsel
  • Hearsay-evidence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.