South Africa Case Law

Mdluli v Minister of Justice and Correctional Services and Others (04243-2023)

Mdluli v Minister of Justice and Correctional Services and Others (04243-2023) [2024] ZAGPJHC 221 (4 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

04243/2023

Judges

TP Mudau, MHE Ismail, D Dosio

The High Court found that the applicant was represented throughout his trial by a person who did not have the right of appearance, constituting a fatal irregularity. This irregularity is so fundamental that it nullifies the entire trial proceedings, as established by precedent. The court rejected pragmatic considerations and held that only properly admitted legal practitioners may represent accused persons in criminal trials. The conviction and sentence were set aside, and the Director of Public Prosecutions was directed to decide whether to institute fresh proceedings. The applicant may not…

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• Right Of Appearance
• Irregularity In Trial
• Nullification Of Proceedings
• Criminal Review
• Prejudice To Accused

S v Tazira and Others - Review (REV130/23)

S v Tazira and Others - Review (REV130/23) [2023] ZALMPPHC 97 (16 October 2023)

Court

Limpopo High Court, Polokwane

Case number

REV130/23

Judges

M. Naude-Odendaal, C. Marais

The High Court found that the Magistrate failed to comply with the mandatory requirements of Section 105 of the Criminal Procedure Act by not ensuring that each Respondent pleaded to the charges against them. The Magistrate also failed to inform the Respondents of their constitutional rights regarding appeals and reviews, and did not properly apply the procedure for confirming guilty pleas under Section 112(1)(b). These procedural failures resulted in a miscarriage of justice and vitiated the Respondents' right to a fair trial. The convictions and sentences imposed were therefore invalid and…

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• Fair Trial Rights
• Plea Procedure
• Miscarriage Of Justice
• Criminal Review

Kotole v S (CA&R35/22)

Kotole v S (CA&R35/22) [2022] ZANCHC 41 (12 August 2022)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 35/22

Judges

Tlaletsi, Lever

The court found that the interpreter engaged during the trial-within-a-trial was not competent, resulting in the accused being prejudiced and substantively deprived of her right to a fair trial. This constituted a gross irregularity in terms of section 22 of the Superior Courts Act. The proceedings from the date of plea to the date of referral for review were therefore set aside, and the matter was ordered to commence de novo before a different judicial officer.

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• Right To Fair Trial
• Competent Interpreter
• Gross Irregularity
• Criminal Review

S v Moore (A912/15, D881/2013, 15/2014, 334/15)

S v Moore (A912/15, D881/2013, 15/2014, 334/15) [2015] ZAGPPHC 987; 2016 (1) SACR 547 (GP) (14 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

A912/15

Judges

N Ranchod, N.P M Qibisa-Thusi

The court held that a maintenance matter could not be converted into an enquiry after conviction; the conviction and sentence were set aside and the matter remitted.

• Maintenance Enforcement
• Criminal Review
• Interpretation Of Statutes
• Maintenance-enforcement
• Criminal-review
• Statutory-interpretation

S v King (CA&R 393/2014)

S v King (CA&R 393/2014) [2014] ZAECGHC 109 (11 December 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 393/2014

Judges

RWN Brooks, C Plasket

The High Court confirmed the theft conviction but set aside a compensation order under section 300 of the Criminal Procedure Act for procedural non-compliance.

• Theft
• Criminal Review
• Compensation Order
• Section 300 Criminal Procedure Act
• Criminal-review
• Compensation-order

Ledwaba v Mudau and Others (A164/14)

Ledwaba v Mudau and Others (A164/14) [2014] ZAGPPHC 596 (24 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

A164/14

Judges

BAM, F G PRELLER

The High Court dismissed a criminal review challenging a magistrate’s failure to call a witness, finding no gross irregularity or prejudice to the accused.

• Criminal Review
• Irregularity In Proceedings
• Fair Trial Rights
• Calling Of Witnesses
• Judicial Discretion
• Criminal-review

S v Mlondo (A53/2014)

S v Mlondo (A53/2014) [2014] ZAGPPHC 136 (30 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

A53/2014

Judges

D.S. Molefe, H.J. De Vos

On special review, the High Court set aside a conviction for failure to appear because section 170(1) of the CPA does not apply to an accused who was on bail.

• Failure To Appear
• Bail Procedure
• Criminal Review
• Section 170 Criminal Procedure Act
• Failure-to-appear
• Bail-procedure

Niehaus v Minister of Justice And Constitutional Development and Others (46746/2010)

Niehaus v Minister of Justice And Constitutional Development and Others (46746/2010) [2012] ZAGPJHC 299 (4 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

46746/2010

Judges

Wepener, Saldulker

The High Court dismissed a premature review seeking to halt an ongoing criminal trial and overturn a refusal to discharge the accused under section 174.

• Criminal Review
• Fair Trial Rights
• Section 174 Discharge
• Admissibility Of Evidence
• Bill Of Rights Limitation
• Premature Review

Rudman v Cooney NO and Others (CA 1404/08)

Rudman v Cooney NO and Others (CA 1404/08) [2010] ZAECGHC 130 (3 December 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 1404/08

Judges

E Revelas, JD Pickering

The court found that the applicant failed to establish any incompetence or breach of mandate by his former attorney, Prinsloo. Prinsloo's affidavit was admissible due to imputed waiver of privilege, as fairness required the court to consider his response to allegations of incompetence. The record showed that Prinsloo acted on the applicant's instructions, consulted adequately, and cross-examined witnesses appropriately. The admissions made during the trial were confirmed by the applicant and were not prejudicial, as they reflected facts already established by evidence. The applicant's complai…

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• Right To Fair Trial
• Legal Professional Privilege
• Ineffective Assistance Of Counsel
• Criminal Review
• Admissions In Criminal Trial

S v Maluleke (A322/09)

S v Maluleke (A322/09) [2009] ZAGPPHC 31 (21 April 2009)

Court

North Gauteng High Court, Pretoria

Case number

A322/09

Judge

Van der Merwe

On special review, the High Court set aside a conviction because the magistrate delivered judgment without hearing the prosecutor or defence on the merits.

• Fair Trial Rights
• Procedural Irregularity
• Criminal Review
• Fair-trial-rights
• Procedural-irregularity
• Criminal-review