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South Africa decisions
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S v Sani (R67/2024) [2024] ZAFSHC 417 (12 December 2024)
The High Court set aside a conviction and sentence on special review because the charge sheet was materially defective and service of the protection order was not properly established.
S v White (R19/2022) [2022] ZAFSHC 173; 2022 (2) SACR 511 (FB) (17 June 2022)
The High Court set aside a conviction and sentence for intimidation after finding the charge sheet and plea statement confusing and the proceedings unjust.
S v Sefume (R43/2021) [2021] ZAFSHC 192 (22 July 2021)
High Court review confirmed a guilty plea conviction for breaching a domestic violence protection order, but set aside the firearm-unfitness order for lack of enquiry.
S v Makhubu (R41/2020) [2020] ZAFSHC 96 (8 May 2020)
The High Court upheld a theft conviction after reviewing a reconstructed record, finding no prejudice from plea-record irregularities, and remitted the matter for sentencing.
S v Ndala (CC 53 / 2019) [2019] ZAGPPHC 1043 (12 December 2019)
The High Court dismissed an application for leave to appeal against conviction and sentence, finding no reasonable prospect that another court would differ.
S v Magobotwane (239/2017) [2017] ZAGPPHC 864 (3 October 2017)
High Court review of a guilty-plea conviction was set aside because the plea inquiry did not establish intent and unlawfulness under section 112(1)(b).
Mandla Sithole v The State (20393/2014) [2015] ZASCA 106 (19 August 2015)
The Supreme Court of Appeal upheld an appeal against refusal of leave to appeal, finding reasonable prospects of success on murder convictions and remitting the matter.
S v Mahlaule (A322/14) [2014] ZAGPPHC 466 (13 May 2014)
On special review, the High Court set aside a conviction after the accused’s mental illness raised doubt about the justice of the proceedings.
Benson v S (300/2013) [2014] ZASCA 26 (28 March 2014)
The Supreme Court of Appeal set aside Benson’s murder conviction and sentence, finding the State’s evidence confused, contradictory and unsafe to sustain a conviction.
S v Maduna and Another (95/2013) [2013] ZAFSHC 125 (4 July 2013)
The High Court found that the accused did not admit all the elements required for a conviction of escaping from lawful custody, specifically failing to admit lawful arrest and custody. The convictions were therefore not sustainable and had to be set aside. The sentences imposed were found to be shockingly severe and not justified by the circumstances, particularly as the accused were only awaiting trial on other charges. The magistrate misapplied section 276B(1)(a) of the Criminal Procedure Act by ordering that the accused serve their full sentences without parole, disregarding the statutory…
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