South Africa Case Law

S v Chivabo (HC 14/2024)

S v Chivabo (HC 14/2024) [2024] ZANWHC 156 (27 June 2024)

Court

North West High Court, Mafikeng

Case number

HC 14/2024

Judges

A H Petersen, A Reddy

The High Court found that the proceedings in the magistrates' court were not in accordance with justice due to gross irregularities, including the absence of a proper record, two different sentences for the same conviction, and a failure to comply with binding precedent regarding deportation orders. The lack of contemporaneous notes or digital recording violated section 76(3)(a) of the Criminal Procedure Act, rendering the proceedings irregular. The correction of sentence did not comply with section 298 of the CPA, as it was not clear that the initial sentence was imposed by mistake. The magi…

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• Immigration Act Offences
• Deportation Orders
• Gross Irregularity
• Stare Decisis
• Correction Of Sentence

S v Nwodo (R41/2023)

S v Nwodo (R41/2023) [2023] ZAFSHC 407 (20 October 2023)

Court

Free State High Court, Bloemfontein

Case number

R41/2023

Judges

Opperman, Hefer

The High Court confirmed the conviction of Kenneth Chukwuebuka Nwodo but corrected a sentencing error caused by a mistaken reference to a repealed provision.

• Drugs And Drug Trafficking
• Plea And Sentence Agreement
• Suspended Sentence
• Correction Of Sentence
• Criminal-law
• Drug-offences

S v Ndwendwe (R156/2017)

S v Ndwendwe (R156/2017) [2017] ZAFSHC 184 (26 October 2017)

Court

Free State High Court, Bloemfontein

Case number

R156/2017

Judges

Rampai, Daniso

The High Court refused a special review of an erroneous rape sentence because the appeal process had already begun, leaving sentence issues to the appeal court.

• Rape
• Sentencing Error
• Correction Of Sentence
• Special Review
• Criminal Procedure Act
• Leave To Appeal

S v Thete (A556/15)

S v Thete (A556/15) [2015] ZAGPPHC 994 (18 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

A556/15

Judges

A.A. Louw, D.S. Molefe

High Court special review correcting an unlawful six-year sentence to five years under section 276(1)(i) of the Criminal Procedure Act.

• Sentencing Error
• Correction Of Sentence
• Criminal Procedure Act
• Correctional Services Act
• Sentencing-error
• Sentence-correction

Hendricks v S (A420/14)

Hendricks v S (A420/14) [2015] ZAWCHC 14 (18 February 2015)

Court

Western Cape High Court, Cape Town

Case number

A420/14

Judges

Gamble, Blignault, Mantame

The High Court corrected a typographical error in a sentence order, substituting “five years” for “two years” so the appellant’s effective sentence remained 25 years.

• Correction Of Sentence
• Concurrent Sentences
• Typographical Error
• Criminal Procedure Act Section 298
• Correction-of-sentence
• Concurrent-sentences

S v Seleke and Another (455/2012)

S v Seleke and Another (455/2012) [2012] ZAFSHC 235 (13 December 2012)

Court

Free State High Court, Bloemfontein

Case number

455/2012

Judges

D.I. Matlapeng, K.J. Moloi

On review, the court confirmed the conviction and corrected a sentencing typo from section 297(1)(i) to section 276(1)(i) of the Criminal Procedure Act.

• Sentencing Error
• Criminal Procedure Act
• Correction Of Sentence
• Criminal-law
• Sentencing-error
• Criminal-procedure-act

S v Mtolo (23/05)

S v Mtolo (23/05) [2005] ZANCHC 77 (31 January 2005)

Court

Northern Cape High Court, Kimberley

Case number

23/05

Judges

Majiedt, Olivier

The sentence imposed by the magistrate, consisting solely of a fine or imprisonment in the alternative, was unlawful because the statute requires mandatory imprisonment for offences under section 5(b) of Act 140 of 1992. The review court has the authority to set aside the unlawful sentence and remit the matter for the imposition of a lawful and appropriate sentence, which must include imprisonment, possibly suspended, and may be accompanied by a fine. The interests of justice and fairness require that the accused be present and have an opportunity to make representations when the new sentence…

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• Sentencing
• Mandatory Imprisonment
• Review Powers
• Drug Offences
• Correction Of Sentence