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

Mbatha v S (A275/2018;PA 35/2018)

Mbatha v S (A275/2018;PA 35/2018) [2022] ZAGPPHC 484 (24 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A275/2018

Judges

Phahlane, Tlhapi

The court found that the absence of a complete and reconstructable trial record made it impossible to adjudicate the appeal properly. This failure infringed the appellant's constitutional right to a fair trial and appeal. As the original presiding magistrate was deceased and reconstruction attempts were unsuccessful, the only just remedy was to set aside the conviction and sentence. The appellant was entitled to the benefit of the doubt in these circumstances.

Source excerpt

• Right To Fair Trial
• Incomplete Record On Appeal
• Conviction And Sentence Setting Aside

S v Joseph (A434/15)

S v Joseph (A434/15) [2015] ZAGPPHC 492 (1 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

A434/15

Judges

MJ Teffo, VV Tlhapi

The absence of any record of the proceedings, including the guilty plea, judgment, and sentencing, makes it impossible for the reviewing court to determine whether the proceedings were conducted in accordance with justice. Reconstruction of the record is not feasible. In such circumstances, established precedent requires that both the conviction and sentence be set aside, as the court cannot discharge its review function without a record.

Source excerpt

• Automatic Review
• Missing Record
• Conviction And Sentence Setting Aside

S v Petersen (29/2012)

S v Petersen (29/2012) [2012] ZANCHC 38 (8 June 2012)

Court

Northern Cape High Court, Kimberley

Case number

29/2012

Judges

C J Olivier, C C Williams

Special review of a maintenance conviction: the court set aside the guilty finding and sentence, and ordered a de novo hearing before a different magistrate.

• Maintenance Act Offence
• Criminal Procedure Review
• Conviction And Sentence Setting Aside
• Maintenance-act
• Criminal-procedure-review
• Guilty-plea-procedure

S v Majoro (240/2010)

S v Majoro (240/2010) [2010] ZAFSHC 117 (12 August 2010)

Court

Free State High Court, Bloemfontein

Case number

240/2010

Judges

Van der Merwe, R, C. J. Musi, R

Automatic review of a criminal conviction was granted where the record could not be transcribed or reconstructed, and the accused was not at fault.

• Review Proceedings
• Record Reconstruction Failure
• Conviction And Sentence Setting Aside
• Criminal-law
• Automatic-review
• Missing-record

S v Coetzer (619/2009)

S v Coetzer (619/2009) [2009] ZAFSHC 125 (1 December 2009)

Court

Free State High Court, Bloemfontein

Case number

619/2009

Judges

Cillié, Molemela

The accused paid the admission of guilt fine believing it was bail, as evidenced by his mother's affidavit. This misapprehension undermines the validity of the conviction and sentence, as the accused did not knowingly admit guilt. The law requires that convictions based on such misunderstandings be set aside to prevent a miscarriage of justice. Accordingly, both the conviction and sentence are set aside and the matter is referred back to the magistrate's court for trial.

Source excerpt

• Admission Of Guilt Fine
• Miscarriage Of Justice
• Review Proceedings
• Conviction And Sentence Setting Aside