South Africa Case Law

S v Mayimele (Review) (109/2024)

S v Mayimele (Review) (109/2024) [2025] ZALMPTHC 3 (4 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

109/2024

Judges

Semenya, TC Tshidada

The magistrate failed to properly invoke section 112(1)(b) of the Criminal Procedure Act by not eliciting sufficient factual admissions from the accused to establish all elements of negligent driving. The questioning was generic and did not clarify the circumstances under which the accused drove, making it impossible to conclude that he acted without the care expected of a reasonable driver. This constitutes a material irregularity that vitiates both the conviction and sentence. Furthermore, the condition of suspension in the sentence was formulated too broadly, potentially encompassing offen…

Source excerpt

• Negligent Driving
• Criminal Procedure Act Section 112
• Conviction Irregularity
• Sentencing Conditions

Moyakhe v S (CA&R15/2021)

Moyakhe v S (CA&R15/2021) [2021] ZAECGHC 108 (25 November 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R15/2021

Judges

M Beneke, S Rugunanan

The High Court found that the trial court failed to properly question the appellant on the nature and extent of the injuries suffered by the complainant prior to conviction, as required to activate the minimum sentence provisions under section 51(1) of Act 105 of 1997. The appellant's written statement and plea did not admit the factual basis for grievous bodily harm, and the medical evidence was only submitted after conviction. This procedural irregularity amounted to a failure of justice, as the facts activating the minimum sentence were not proved beyond a reasonable doubt prior to convict…

Source excerpt

• Minimum Sentence Provisions
• Section 112 Procedure
• Rape
• Judicial Questioning
• Conviction Irregularity

S v Rossouw (C1053/2019)

S v Rossouw (C1053/2019) [2021] ZAWCHC 54 (24 March 2021)

Court

Western Cape High Court, Cape Town

Case number

C1053/2019

Judges

Lekhuleni, Mantame

On automatic review, the High Court set aside a guilty plea conviction for assault with intent to do grievous bodily harm after finding a material irregularity and failure of justice.

• Criminal Procedure Act
• Automatic Review
• Conviction Irregularity
• Mens Rea
• Fair Trial Rights
• Criminal-procedure-act

S v Ramakatsa (6/2016)

S v Ramakatsa (6/2016) [2016] ZAFSHC 14 (4 February 2016)

Court

Free State High Court, Bloemfontein

Case number

6/2016

Judges

S. Ebrahim, C. Van Zyl

On special review, the High Court set aside a guilty plea conviction and sentence for driving with excessive blood alcohol after finding procedural irregularities.

• Driving Under Influence
• Criminal Procedure Review
• Conviction Irregularity
• Suspended Sentence
• Criminal-procedure-review
• Driving-under-influence

S v Tsholo (161/2014)

S v Tsholo (161/2014) [2014] ZAFSHC 134 (4 September 2014)

Court

Free State High Court, Bloemfontein

Case number

161/2014

Judges

L le R POHL, A F JORDAAN

The magistrate committed an irregularity by convicting and sentencing the accused for failure to appear in court after the bail had been finally cancelled and forfeited. Section 67 of the Criminal Procedure Act does not authorize such a procedure. The law requires that a formal charge be drawn up and a proper trial be held before a conviction and sentence for failure to appear can be imposed. The summary enquiry conducted by the magistrate was not in accordance with the statutory requirements, rendering the conviction and sentence invalid.

Source excerpt

• Failure To Appear
• Bail Forfeiture
• Summary Enquiry
• Criminal Procedure Act
• Conviction Irregularity

S v Lekaota and Another (135/2014(B))

S v Lekaota and Another (135/2014(B)) [2014] ZAFSHC 123 (14 August 2014)

Court

Free State High Court, Bloemfontein

Case number

135/2014(B)

Judges

G.J.M. Wright, A. Kruger

On special review, the High Court set aside convictions and sentences after finding major procedural irregularities in an unrepresented magistrates’ court trial.

• Criminal Procedure Act
• Fair Trial Rights
• Conviction Irregularity
• Sentencing Irregularity
• Criminal-procedure
• Fair-trial-rights

S v Motloi and Another (42/2014)

S v Motloi and Another (42/2014) [2014] ZAFSHC 16 (28 February 2014)

Court

Free State High Court, Bloemfontein

Case number

42/2014

Judges

Van Zyl, Reinders

On special review, the High Court set aside two guilty convictions because one count was based on a repealed corruption statute and the counts were closely linked.

• Corruption
• Illegal Foreigner
• Conviction Irregularity
• Repealed Statute
• De Novo Trial
• Criminal-law

S v Motlogelwa (HC . 18/2012)

S v Motlogelwa (HC . 18/2012) [2012] ZANWHC 44 (4 December 2012)

Court

North West High Court, Mafikeng

Case number

HC . 18/2012

Judges

A.M. Kgoele, N. Gutta

On special review, the High Court set aside a conviction for driving-related offences because the record did not show whether the accused pleaded guilty to reckless or negligent driving.

• Reckless Driving
• Negligent Driving
• Criminal Procedure Act
• Road Traffic Act
• Conviction Irregularity
• Reckless-driving

S v Mofokeng (19/2012)

S v Mofokeng (19/2012) [2012] ZAFSHC 117; 2013 (1) SACR 143 (FB) (18 June 2012)

Court

Free State High Court, Bloemfontein

Case number

19/2012

Judges

Lekale, Snellenburg

The review court found that the accused, who was unrepresented, was not properly informed of her rights, the procedure under section 112, or the possible competent verdicts. The magistrate failed to ensure that the accused admitted all elements of the charge, and did not conduct an inquiry under section 103 of the Fire Arms Control Act. The accused's answers did not establish the necessary intent for assault with intent to do grievous bodily harm, and the record did not confirm that the complainant, date, and place matched the charge sheet. The cumulative procedural irregularities resulted in…

Source excerpt

• Fair Trial Rights
• Section 112 Procedure
• Section 113 Application
• Firearms Control Inquiry
• Conviction Irregularity

Baatjies v S (A373/2008)

Baatjies v S (A373/2008) [2009] ZAWCHC 112 (6 February 2009)

Court

Western Cape High Court, Cape Town

Case number

A373/2008

Judges

Yekiso, Mitchell

Appeal decision setting aside convictions and sentence after irregular plea questioning failed to establish all elements of the offences.

• Section 112 1 B Criminal Procedure Act
• Failure Of Justice
• Conviction Irregularity
• Protection Order Violation
• Assault
• Section-112-criminal-procedure-act