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South Africa decisions
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Leeuw v S (R81/2020) [2021] ZAFSHC 132 (13 May 2021)
On special review, the High Court set aside a conviction under section 36 of the General Laws Amendment Act because the section 112(2) plea lacked a factual basis.
S v Maritz (A273/2012) [2012] ZAGPJHC 237 (22 November 2012)
The court found that the appellant's admissions in the plea explanation amounted to an incorrect conclusion of law and did not establish the essential elements of dealing in drugs. The facts admitted showed that the appellant acted as an agent or go-between for a purchaser for own use, which does not constitute dealing under the Drugs and Drug Trafficking Act. The regional magistrate erred by failing to record a plea of not guilty under section 113 of the Criminal Procedure Act when the appellant denied the required mens rea. The court held that neither it nor the trial court could convict th…
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