South Africa Case Law

Temmies and Another v S (Appeal) (A35/2025)

Temmies and Another v S (Appeal) (A35/2025) [2025] ZAWCHC 184 (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

A35/2025

Judges

Allie, Moosa

The court held that where there is a discrepancy between the sentence announced in open court and that recorded on the J15 form, the sentence announced in open court prevails for all purposes under the Criminal Procedure Act. The principle of open justice and the accused's right to a fair trial require that sentencing be transparent and public. The trial magistrate materially misdirected herself by failing to order concurrent sentences, resulting in shockingly disproportionate effective imprisonment, and by making errors in assessing prior convictions and personal circumstances. The court fou…

Source excerpt

• Criminal Matters Amendment Act
• Minimum Sentencing
• Sentencing Irregularity
• Open Justice
• Concurrent Sentences
• Theft Of Essential Infrastructure

Moolman v S (A02/2025)

Moolman v S (A02/2025) [2025] ZAGPJHC 218 (6 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A02/2025

Judge

Dosio

The High Court dismissed an appeal against refusal of bail, finding no exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act.

• Bail Application
• Exceptional Circumstances
• Criminal Matters Amendment Act
• Criminal Procedure Act
• Previous Convictions
• Medical Condition In Bail

Tito and Another v S (A320/22)

Tito and Another v S (A320/22) [2023] ZAGPPHC 712 (18 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A320/22

Judges

M P Motha, J S Nyathi

Appeal against conviction and 15-year sentence for tampering with essential infrastructure was dismissed after the court found the knowledge element proven.

• Essential Infrastructure Offences
• Minimum Sentencing
• Criminal Matters Amendment Act
• Credibility Of Witnesses
• Appeal On Sentence
• Onus Of Proof

Buthelezi and Others v S (A245/2021)

Buthelezi and Others v S (A245/2021) [2022] ZAGPPHC 444 (14 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A245/2021

Judges

S M Mfenyana, N Khumalo

The High Court dismissed an appeal against sentence for attempted tampering with essential infrastructure, confirming 10-year terms for each appellant.

• Criminal Matters Amendment Act
• Essential Infrastructure Offences
• Sentencing Principles
• Attempted Offences
• Minimum Sentences
• Criminal-law

S v Matsitela and Others (78/2017)

S v Matsitela and Others (78/2017) [2018] ZAFSHC 135 (13 September 2018)

Court

Free State High Court, Bloemfontein

Case number

78/2017

Judge

Daffue

The court convicted four accused in a copper-theft syndicate case, relying on cellphone data, witness testimony and circumstantial evidence.

• Racketeering
• Theft Of Essential Infrastructure
• Prevention Of Corrupt Activities Act
• Criminal Matters Amendment Act
• Cellphone Evidence
• Duplication Of Convictions