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South Africa Case Law

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Criminal Law [2015] ZAECBHC 13

Shabih v S (CA&R14/14)

Shabih v S (CA&R14/14) [2015] ZAECBHC 13 (21 April 2015)

Court
Eastern Cape High Court, Bhisho
Case number
CA&R14/14
Judges
Hartle, Difford

Appeal upheld after the court found the appellant was convicted on a factual basis not set out in the charge sheet, contrary to fair trial rights.

  • Fair Trial Rights
  • Charge Sheet Particularity
  • Hindering Labour Inspector
  • Basic Conditions Of Employment Act
  • Criminal Procedure Act Section 84
  • Fair-trial-rights
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Criminal Law [2005] ZAFSHC 102

S v Mosipili (901/2005)

S v Mosipili (901/2005) [2005] ZAFSHC 102 (1 September 2005)

Court
Free State High Court, Bloemfontein
Case number
901/2005
Judges
H.M. Musi, C.B. Cillié

The High Court set aside a conviction and sentence because the charge sheet failed to identify the statute creating the trespass offence, making the charge fatally defective.

  • Defective Charge Sheet
  • Statutory Offence
  • Criminal Procedure Act Section 84
  • Trespass
  • Defective-charge-sheet
  • Criminal-procedure
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.