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South Africa Case Law

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Criminal Law [2024] ZALMPPHC 98

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022)

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022) [2024] ZALMPPHC 98 (16 August 2024)

The High Court refused the State’s reservation of questions of law after a guilty admission to culpable homicide, finding the issues were factual, not legal.

  • Admission Of Guilt
  • Reservation Of Questions Of Law
  • Plea Change
  • Culpable Homicide
  • Conviction Procedure
  • Reservation-of-questions-of-law
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Criminal Law [2018] ZAFSHC 214

S v Makwenda (R350/2018)

S v Makwenda (R350/2018) [2018] ZAFSHC 214 (24 December 2018)

On special review, the High Court set aside a purported conviction and sentence because the accused was sentenced without a formal conviction being recorded.

  • Illegal Entry
  • Conviction Procedure
  • Section 112 Criminal Procedure Act
  • Special-review
  • Sentencing
  • Guilty-plea-procedure
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Criminal Law [2003] ZANWHC 62

S V Fani (B 289/2003)

S V Fani (B 289/2003) [2003] ZANWHC 62 (21 October 2003)

The High Court queried a Magistrate’s conviction process, noting that a not-guilty plea with a defence required evidence and that section 115 admissions did not replace section 220.

  • Conviction Procedure
  • Section 115 Cpa
  • Section 220 Cpa
  • Suspended Sentence Enquiry
  • Conviction-procedure
  • Section-115-cpa
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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.