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South Africa decisions
Decisions matching the current search
S v Tono (R1/2020) [2020] ZAFSHC 13 (29 January 2020)
On special review, the High Court set aside a guilty conviction entered under a repealed statute and remitted the matter for trial de novo.
S v Thage (SR12/18) [2018] ZAGPPHC 911 (5 April 2018)
The court found that, due to the malfunctioning of the recording equipment and the death of the presiding magistrate, the record of the proceedings could not be reconstructed. Only the recollections of the parties and the charge sheet were available, which were insufficient for a proper review. In the interests of justice, the conviction was set aside. The court clarified that this order does not amount to an acquittal and the prosecution may proceed afresh, requiring the accused to plead again to the charge.
Source excerpt
S v Vusi (06/2015) [2015] ZAFSHC 90 (29 April 2015)
Automatic review of a criminal conviction was set aside because the guilty plea proceedings did not cover all essential elements required by section 112(1)(b).
S v Thwala (A92/2015) [2015] ZAGPPHC 114 (26 February 2015)
The High Court set aside a child accused’s conviction because no preliminary inquiry was held under section 43 of the Child Justice Act before conviction.
S v Vilakazi (A625/2012) [2012] ZAGPPHC 217 (4 September 2012)
The High Court set aside a conviction after finding that Child Justice Act procedures were not followed for a 17-year-old accused.
S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)
The High Court set aside a conviction after finding the accused had been charged under the wrong section of the Limpopo Environmental Management Act.
S v Solomon (ECJ 2004/027) [2004] ZAECHC 31 (9 September 2004)
On special review, the High Court set aside convictions under the Arms and Ammunition Act and remitted the matter so it could proceed under the Firearm Control Act.
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