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South Africa decisions
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Mathuthu and Others v S (393/2021) [2024] ZASCA 50 (17 April 2024)
The Supreme Court of Appeal dismissed leave to appeal on conviction, but granted leave on sentence and remitted the sentence issue to the High Court.
Nkute v S (A224/2020) [2021] ZAGPPHC 574; 2022 (1) SACR 436 (GP) (18 August 2021)
The appeal was not properly before the court due to the appellant's failure to file heads of argument timeously and to apply for condonation for both the late filing and delayed prosecution of the appeal. The court held that condonation is not a mere formality and requires a full and reasonable explanation, which was not provided. The appellant's argument that the State bears exclusive responsibility for reconstructing the record was rejected; both parties share this duty, and the appellant failed to participate in the reconstruction process. The authorities cited confirm that a reconstructed…
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Ex parte: Mdyogolo (55/15) [2016] ZAECGHC 118; 2017 (1) SA 432 (ECG) (28 October 2016)
High Court refused an application to admit Ntsikeleo Mdyogolo as an attorney, finding his robbery explanation false and inconsistent with an honest, fit and proper character.
Nontshinga and Others v S (770/2015) [2016] ZASCA 76 (27 May 2016)
The Supreme Court of Appeal struck the matter from the roll for lack of jurisdiction because no leave to appeal had first been sought from the High Court.
North West Bar Association v Padi (ADM30/2014) [2015] ZANWHC 65 (10 September 2015)
The court found that the applicant, having a serious criminal conviction for rape and currently being on parole, is still serving his sentence and under supervision. The applicant failed to discharge the onus of proving that he is a fit and proper person to be admitted as an advocate. The allegations raised by the Bar were unchallenged and accepted as truthful. The court held that the application was premature and that public policy and statutory requirements preclude the admission of a parolee for such a serious offence. The application was dismissed and costs awarded against the applicant,…
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S v Molete (192/2014) [2015] ZAFSHC 37 (26 February 2015)
The High Court declined a pre-sentence review, set aside the magistrate’s recusal, and remitted the matter for sentencing.
Eastern Cape Society of Advocates v Jacobs (2232/2011) [2012] ZAECPEHC 51 (20 August 2012)
The High Court struck an advocate off the roll after a theft conviction, unprofessional handling of client funds, and other misconduct showing he was not fit to practise.
KwaZulu-Natal Law Society v Singh (1526/2010) [2011] ZAKZPHC 12 (25 March 2011)
The court refused to strike an attorney from the roll for fraud convictions, instead imposing a one-year suspension suspended for three years.
Mthembu v S (CCT115/09) [2010] ZACC 8; 2010 (1) SACR 619 (CC) ; 2010 (7) BCLR 636 (CC) (25 March 2010)
The Constitutional Court dismissed leave to appeal, holding that a six-year delay in arresting the applicant to serve sentence did not justify constitutional relief.
Ngwenya In Re: Ngwenya v Society of Advocates (Pretoria) and Another (3454/05), Ex parte [2005] ZAGPHC 2; 2006 (2) SA 88 (W) (14 October 2005)
The court held that an applicant for admission as an advocate who has a criminal conviction may rebut the presumption of unfitness by showing that the conviction was wrongful. However, the applicant cannot simultaneously claim to have reformed and maintain innocence of the offences, as true reformation requires acknowledgment of the wrongful act. In this case, the applicant presented evidence of community service and character references suggesting reformation, but his assertion of wrongful conviction was inconsistent with those claims. The court found that the applicant had not come to terms…
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