South Africa Case Law

Shiburi v S (205/2017)

Shiburi v S (205/2017) [2018] ZASCA 107; 2018 (2) SACR 485 (SCA) (29 August 2018)

Court

Supreme Court of Appeal

Case number

205/2017

Judges

Shongwe, Saldulker, Pillay, Makgoka, Hughes

The Supreme Court of Appeal held that the regional magistrate erred in failing to alter the appellant's plea of guilty to not guilty on counts 1 and 2 when his explanation raised a possible defence of compulsion. The questioning exceeded the permissible ambit under section 112(1)(b), and the appellant's explanation should have been accepted as true for the purposes of the plea procedure. Both the regional and high courts misapplied the law by evaluating the plausibility of the appellant's explanation instead of remitting the matter for trial. On count 3, the court found that the evidence was…

Source excerpt

• Criminal Procedure Act
• Plea And Conviction
• Compulsion Defence
• Rape
• Minimum Sentencing
• Fair Trial Rights

Memani and Another v S (A75/2015)

Memani and Another v S (A75/2015) [2015] ZAWCHC 156 (26 October 2015)

Court

Western Cape High Court, Cape Town

Case number

A75/2015

Judges

Gamble, Boqwana

Criminal appeal on murder, attempted murder, robbery and firearm possession. Second appellant’s convictions were upheld, but his murder sentence was reduced to 22 years.

• Common Purpose
• Dolus Eventualis
• Compulsion Defence
• Murder
• Attempted Murder
• Robbery With Aggravating Circumstances