South Africa Case Law

Bunze v S (CA19/2022)

Bunze v S (CA19/2022) [2024] ZANWHC 276 (5 November 2024)

Court

North West High Court, Mafikeng

Case number

CA 19/2022

Judges

Petersen, Reddy

The Full Bench held that the appellant failed to comply with the mandatory requirement to re-enrol the appeal within ten days after it was struck from the roll on 26 May 2023, as stipulated by Rule 67(5A)(a)(ii) of the Magistrates' Court Rules. The subsequent actions by the respondent in seeking new hearing dates did not cure this defect, nor did they revive the lapsed appeal. In the absence of a substantive application for reinstatement and condonation for the period after the striking-off order, there was no appeal properly before the court. The court emphasized that strict compliance with…

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• Condonation
• Reinstatement Of Appeal
• Criminal Appeal Procedure
• Striking Off Order
• Mandatory Timelines

August v S (962/2022)

August v S (962/2022) [2023] ZASCA 170 (4 December 2023)

Court

Supreme Court of Appeal

Case number

962/2022

Judges

Molemela, Carelse, Matojane, Musi, Binns-Ward

The appellant failed to satisfy the requirements for condonation due to an inordinate delay and a grossly inadequate explanation for that delay. The prospects of success on appeal were found to be negligible, as the evidence obtained by entrapment was properly admitted: the appellant himself initiated the transaction and solicited payment, negating any claim of improper inducement. The lack of authorisation for the entrapment or electronic monitoring was not, on the facts, sufficient to exclude the evidence, as there was no flagrant violation of the law or unfairness to the appellant. The app…

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• Entrapment
• Exclusionary Rule
• Condonation
• Admissibility Of Evidence
• Criminal Appeal Procedure
• Fair Trial Rights

Femel v S (CA 37/2017; R/C 66/2015)

Femel v S (CA 37/2017; R/C 66/2015) [2023] ZANWHC 144 (17 August 2023)

Court

North West High Court, Mafikeng

Case number

CA 37/2017; R/C 66/2015

Judges

A H Petersen, R D Hendricks

The High Court removed a criminal appeal from the roll after finding it had lapsed because the appellant failed to re-enrol it within 10 days after removal.

• Criminal Appeal Procedure
• Magistrates Court Rules
• Condonation
• Reinstatement Of Appeal
• Criminal-appeal-procedure
• Magistrates-court-rules

National Director of Public Prosecutions v Mokatse (A24/2021 SH41/2013)

National Director of Public Prosecutions v Mokatse (A24/2021 SH41/2013) [2021] ZALMPPHC 74 (22 October 2021)

Court

Limpopo High Court, Polokwane

Case number

A24/2021 SH41/2013

Judges

NF Kgomo, Ledwaba

The High Court held that the Regional Court remained the proper convicting court to conduct a POCA confiscation enquiry after an acquittal was overturned on appeal.

• Confiscation Order
• Prevention Of Organised Crime Act
• Functus Officio
• Jurisdiction Of Trial Court
• Criminal Appeal Procedure
• Confiscation-order

Makukunzva v S (A44/2020)

Makukunzva v S (A44/2020) [2020] ZAFSHC 220 (15 September 2020)

Court

Free State High Court, Bloemfontein

Case number

A44/2020

Judges

Daffue, Opperman

The High Court upheld an appeal against a speeding conviction because the State failed to prove the speed device was properly mounted and reliable.

• Speeding Offence
• Admissibility Of Evidence
• Reliability Of Speed Measuring Device
• Criminal Appeal Procedure
• Speeding-offence
• Criminal-appeal

Branco v S (A86/2016)

Branco v S (A86/2016) [2019] ZAGPJHC 443 (31 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A86/2016

Judges

N Skibi, TP Mudau

The High Court dismissed an appeal against conviction for fraud arising from an allegedly false insurance claim after a BMW was reported stolen.

• Fraud
• Criminal Appeal Procedure
• Insurance Claims
• Burden Of Proof
• Credibility Of Witnesses
• Insurance-claims

Kopsani and Another v S (CA & R 123/2017)

Kopsani and Another v S (CA & R 123/2017) [2019] ZAECGHC 23; 2019 (2) SACR 53 (ECG) (14 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R123/2017

Judges

M J Lowe, G H Bloem

The court found that there was no direct evidence linking the appellants to the theft of the vehicles and that the inference drawn by the Magistrate amounted to conjecture, failing the logical requirements for inferential reasoning. However, the evidence established that the appellants were found in possession of the stolen vehicles and were unable to provide any satisfactory account of such possession. This satisfied all the elements of the offence under section 36 of the General Law Amendment Act 62 of 1955. The conviction for theft was set aside and replaced with a conviction under section…

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• Possession Of Suspected Stolen Property
• General Law Amendment Act Section 36
• Criminal Appeal Procedure
• Standard Of Proof
• Inference And Evidence
• Sentencing Principles

Sivhidzo v S (A304/2014)

Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A304/2014

Judge

Mudau

The High Court held that it had jurisdiction to hear the criminal appeal and the condonation application, and condoned late service of heads of argument.

• Condonation
• Jurisdiction Of Full Court
• Criminal Appeal Procedure
• Late Filing Of Record
• Criminal-appeal-procedure
• Full-court-jurisdiction

Liesching and Others v S and Another (CCT245/15)

Liesching and Others v S and Another (CCT245/15) [2016] ZACC 41; 2017 (4) BCLR 454 (CC); 2017 (2) SACR 193 (CC) (15 November 2016)

Court

Constitutional Court

Case number

CCT 245/15

Judges

Mogoeng, Nkabinde, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo

The Constitutional Court held that the definition of 'appeal' in section 1 of the Superior Courts Act does not exclude all criminal matters from the scope of Chapter 5. Section 17(2)(f) applies to both civil and criminal proceedings, allowing the President of the Supreme Court of Appeal to refer a petition for reconsideration in exceptional circumstances. The procedure under section 327 of the Criminal Procedure Act is not an appeal and only applies after all recognised appeal procedures are exhausted. The President's interpretation, which excluded criminal matters from section 17(2)(f), crea…

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• Superior Courts Act Section 17 2 F
• Criminal Appeal Procedure
• Adducing Further Evidence
• Bill Of Rights Interpretation
• Equality Before Law
• Fair Trial Rights

Mohapi v Minister of Justice and Correctional Services and Others (M249/15)

Mohapi v Minister of Justice and Correctional Services and Others (M249/15) [2016] ZANWHC 5 (5 February 2016)

Court

North West High Court, Mafikeng

Case number

M249/15

Judge

A A Landman

The High Court ordered reconstruction of a missing criminal record and set deadlines to enable an appeal and petition for leave to appeal.

• Record Reconstruction
• Leave To Appeal
• Condonation For Late Filing
• Criminal Appeal Procedure
• Record-reconstruction
• Leave-to-appeal