South Africa Case Law

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

Source excerpt

• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

S v Nkeane and Others (CA&R17/2024)

S v Nkeane and Others (CA&R17/2024) [2024] ZANCHC 81 (1 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R17/2024

Judges

MC Mamosebo, L Lever

High Court special review partly overturned a robbery conviction, confirmed an assault conviction, and remitted the matter for sentencing.

• Common Purpose
• Robbery With Aggravating Circumstances
• Assault With Intent To Do Grievous Bodily Harm
• Criminal Procedure Act Section 304
• Criminal Procedure Act Section 116
• Common-purpose

S v Chukwumaka and Another (CA&R 104/2024)

S v Chukwumaka and Another (CA&R 104/2024) [2024] ZAECMKHC 63 (13 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 104/2024

Judges

B Hartle, S Collett

High Court special review set aside irregular convictions and sentences entered after an earlier plea of not guilty, and remitted the matter for completion of the original trial.

• Double Jeopardy
• Criminal Procedure Act Section 304
• Plea And Conviction Irregularity
• Right To Interpreter
• Legal Aid Representation
• Special-review

S v Sompane - Review (B403/2022; R36/2023)

S v Sompane - Review (B403/2022; R36/2023) [2023] ZAFSHC 324 (15 August 2023)

Court

Free State High Court, Bloemfontein

Case number

B403/2022; R36/2023

Judges

Molitsoane, Thamae

High Court review setting aside a conviction and sentence after a magistrate wrongly used section 170(2) following final bail forfeiture.

• Criminal Procedure Act Section 304
• Failure To Appear
• Bail Forfeiture
• Procedural Irregularity
• Criminal-procedure-act
• Failure-to-appear

S v Nthoesane (R15/2022; A864/2021)

S v Nthoesane (R15/2022; A864/2021) [2022] ZAFSHC 92; 2022 (2) SACR 188 (FB) (12 May 2022)

Court

Free State High Court, Bloemfontein

Case number

A864/2021

Judges

Loubser, Molitsoane

The High Court set aside a part-heard magistrates’ trial because the presiding magistrate retired and was ill, and ordered the matter to start de novo.

• Criminal Procedure Act Section 304
• Unreasonable Delay
• Judicial Officer Unavailability
• Criminal-procedure
• Special-review
• Unreasonable-delay

Nxumalo v S (AR263/2019 RC51/2013)

Nxumalo v S (AR263/2019 RC51/2013) [2022] ZAKZDHC 23 (10 February 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

AR263/2019 RC51/2013

Judges

Lopes, Ploos van Amstel

The High Court set aside a murder conviction and 15-year sentence because the accused was not personally informed of, or shown to have waived, his right to assessors.

• Magistrates Court Act Section 93ter
• Constitution Of Criminal Court
• Waiver Of Right To Assessors
• Criminal Procedure Act Section 304
• Murder Trial Procedure
• Criminal-procedure

S v Nyalungu and Another (REV:96/2021)

S v Nyalungu and Another (REV:96/2021) [2021] ZALMPPHC 83 (19 November 2021)

Court

Limpopo High Court, Polokwane

Case number

REV:96/2021

Judges

Kganyago, Semenya

The High Court referred a murder trial back to the regional court after an assessor withdrew, holding the statutory options under section 93ter(11) had not been exhausted.

• Murder Trial
• Assessors In Regional Court
• Criminal Procedure Act Section 304
• Magistrates Courts Act Section 93ter
• Criminal-procedure
• Murder-trial

Milner v The Minister of Justice and Constitutional Development and Others (23684/2021)

Milner v The Minister of Justice and Constitutional Development and Others (23684/2021) [2021] ZAGPJHC 591 (4 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

23684/2021

Judge

L R Adams

The High Court removed an unopposed application from the roll and directed the applicant to pursue a special review under section 304(4) of the Criminal Procedure Act.

• Admission Of Guilt Fine
• Review Of Magistrates Court Proceedings
• Criminal Record Expungement
• Criminal Procedure Act Section 304
• Procedural Irregularity
• Admission-of-guilt-fine

S v Makgetla (R17/2021)

S v Makgetla (R17/2021) [2021] ZAFSHC 121 (29 April 2021)

Court

Free State High Court, Bloemfontein

Case number

R17/2021

Judges

Naidoo J, Reinders J

On review, the High Court held that the accused’s plea facts proved theft only, not housebreaking, because entry through an open window is not breaking.

• Housebreaking With Intent To Steal And Theft
• Theft
• Criminal Procedure Act Section 304
• Admissions In Plea Statements
• Criminal-law
• Housebreaking

S v Sehloho (R82/2020)

S v Sehloho (R82/2020) [2021] ZAFSHC 123 (15 April 2021)

Court

Free State High Court, Bloemfontein

Case number

R82/2020

Judges

Mhlambi, Nekosie

The accused admitted knowing the goods were stolen and intended to benefit from their storage, satisfying the dishonesty element of section 36 of the General Law Amendment Act. His legal representation and confirmation of the section 112(2) statement rendered the admissions sufficient. The conviction is confirmed. The sentence is amended to reference the statutory provision, correcting the vague condition. The order declaring the accused unfit to possess a firearm under section 103(1) of the Firearms Control Act is set aside, as the magistrate failed to conduct the required enquiry under sect…

Source excerpt

• Possession Of Suspected Stolen Property
• Criminal Procedure Act Section 304
• Firearms Control Act Section 103
• Dishonesty Offences