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Criminal Law [2013] ZAECGHC 2

Lowery v Jordan (CA265/2011)

Lowery v Jordan (CA265/2011) [2013] ZAECGHC 2 (24 January 2013)

Court
Eastern Cape High Court, Grahamstown
Case number
CA265/2011
Judges
JW Eksteen, NG Beshe

The court found that in both cases, the magistrate failed to adequately explain the accused's right to legal representation as required by section 73(2A) of the Criminal Procedure Act and section 35(3)(f) and (g) of the Constitution. The record was ambiguous and contradictory, with pro forma documents indicating both an election for own defence and a stand-down for legal aid, while the transcript showed only a brief and insufficient explanation. The accused were not afforded a real opportunity to make an informed election regarding legal representation. As a result, both accused were deprived…

Source excerpt

  • Right To Legal Representation
  • Fair Trial
  • Criminal Procedure Act Section 73
  • Constitution Section 35
  • Setting Aside Conviction
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Criminal Law [2010] ZAWCHC 217

Baartman v S (A391/2010)

Baartman v S (A391/2010) [2010] ZAWCHC 217; 2011 (2) SACR 79 (WCC) (5 November 2010)

Court
Western Cape High Court, Cape Town
Case number
A391/2010
Judges
D M Davis, M Donen

The court held that the Magistrate erred in applying the mandatory minimum sentence provisions of section 51(2)(a)(i) of the Criminal Law Amendment Act to the appellant's conviction under the Firearms Control Act. The Firearms Control Act, which came into force after the Amendment Act, prescribes a comprehensive regulatory and sentencing regime for firearms offences, including a maximum sentence of fifteen years for unlawful possession of a semi-automatic firearm. The Amendment Act's minimum sentence provisions cannot be harmonized with the Firearms Control Act, as the latter differentiates b…

Source excerpt

  • Firearms Control Act
  • Mandatory Minimum Sentences
  • Sentencing Discretion
  • Statutory Interpretation
  • Constitution Section 35
  • Statutory Conflict
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Criminal Law [2008] ZAGPHC 481

S v Mba (43/1955/2004)

S v Mba (43/1955/2004) [2008] ZAGPHC 481 (1 August 2008)

Court
High Courts - Gauteng
Case number
43/1955/2004
Judge
P.A. Meyer

The High Court found that the regional magistrate failed to actively pursue the recalling of the complainant for further cross-examination, despite the accused being unrepresented and having requested it. The accused was not informed of his right to apply for the recusal of the presiding magistrate, which constituted a procedural irregularity. The accused's decision not to testify may have been influenced by a perception of unfairness. These irregularities undermined the fairness of the trial and the convictions could not be said to be in accordance with justice. The accused's convictions wer…

Source excerpt

  • Fair Trial Rights
  • Recusal Of Judicial Officer
  • Cross Examination
  • Criminal Procedure Act
  • Constitution Section 35
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.