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South Africa decisions
Decisions matching the current search
S v Makumbila (01/2025) [2025] ZALMPPHC 60 (26 March 2025)
High Court review of a magistrate’s conversion of a maintenance prosecution into a maintenance enquiry before plea; the review was dismissed.
S v Ralepanyana (R193-2019) [2019] ZAFSHC 221 (28 November 2019)
High Court review: a conviction for receiving stolen property was set aside because stock is excluded from section 37; the matter was remitted for a fresh hearing.
S v Hlongwane (167/17) [2017] ZAGPPHC 863 (15 June 2017)
On special review, the High Court set aside a theft conviction after finding the accused was under 18 and Child Justice Act procedures had not been followed.
S v Ramakatsa (6/2016) [2016] ZAFSHC 14 (4 February 2016)
On special review, the High Court set aside a guilty plea conviction and sentence for driving with excessive blood alcohol after finding procedural irregularities.
S v K T (255/2013) [2013] ZAGPPHC 470 (15 November 2013)
On special review, the High Court set aside a conviction entered under a repealed corruption statute and allowed the accused to be re-charged under the current law.
S v N (57/2013) [2013] ZAGPJHC 229; 2014 (1) SACR 266 (GSJ) (5 September 2013)
High Court review setting aside a child accused’s conviction after the court found diversion procedures under the Child Justice Act were not properly followed.
Pretorius and Others v Magistrate, Durban and Others (AR155/12) [2013] ZAKZPHC 5; 2013 (2) SACR 153 (KZP) (18 January 2013)
The court found that the applicants failed to establish that they did not receive proper, effective, or competent legal representation. The third respondent's version, supported by affidavits and not effectively challenged, indicated that adequate consultations took place and that the defence was conducted in accordance with professional ethics. The applicants' dissatisfaction was largely based on hindsight and the failure of their chosen defence strategy, which does not amount to grave injustice. The court held that misplaced reliance on legal advice, given in good faith, is not a ground for…
Source excerpt
S v Mthethwa (A626/2012) [2012] ZAGPPHC 215 (4 September 2012)
The High Court reviewed a murder conviction and found no irregularity where the accused had participated in proceedings through isiSwazi interpretation.
S v Monyamane (68/2012) [2012] ZAFSHC 146 (12 July 2012)
Automatic review of a conviction for driving without consent was set aside because the charge sheet was defective, jurisdiction was unproven, and fair-trial rights were infringed.
S v Petersen (29/2012) [2012] ZANCHC 38 (8 June 2012)
Special review of a maintenance conviction: the court set aside the guilty finding and sentence, and ordered a de novo hearing before a different magistrate.
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