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South Africa decisions
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Ndlela v S (A278/2018) [2019] ZAGPJHC 213 (31 May 2019)
The High Court dismissed Sipho Ndlela’s appeal against conviction and sentence for dealing in dagga, finding the evidence credible and the sentence justified.
Xabadiya and Another v S (AR222/2009) [2017] ZAKZPHC 25 (25 May 2017)
Appeal against conviction for dealing in dagga dismissed; the court upheld the seven-year sentence and accepted the State’s single witness evidence.
S v Moqhoba (R282/2016) [2017] ZAFSHC 10 (5 January 2017)
Section 17(e) of Act 140 of 1992 is peremptory in requiring the imposition of direct imprisonment for offences under section 13(f), including dealing in dagga under section 5(b). The sentencing court does not have discretion to impose only a fine; direct imprisonment must be imposed, even if wholly or partially suspended. The sentence imposed by the magistrate—a fine with suspended imprisonment—was impermissible and contrary to the statutory requirements. The conviction is confirmed, but the sentence is set aside and the matter remitted to the trial court for sentencing afresh in accordance w…
Source excerpt
Skapu v S (C A & R 8/12) [2012] ZAECBHC 9 (17 October 2012)
Appeal from conviction for dealing in dagga. The High Court set aside the dealing conviction, substituted possession, and imposed a suspended sentence and fine.
S v Thamae and Others (318/2011) [2011] ZAFSHC 183 (10 November 2011)
High Court review confirming convictions and sentences despite improper joinder of three accused, and rejecting arguments on duplicative convictions and Immigration Act charges.
S v Brand and Another (155/2011) [2011] ZAFSHC 76 (19 May 2011)
High Court review set aside duplicate possession convictions arising from the same facts as dealing in dagga, and remitted the matter for fresh sentencing.
S v Tau and Another (92/07) [2007] ZANWHC 77 (22 November 2007)
On automatic review, the High Court confirmed the dagga convictions and sentences but set aside an incorrect firearm unfitness order made under the wrong statutory provision.
S v Ndikumana (A746/2006) [2007] ZAGPHC 20 (20 April 2007)
The High Court set aside a conviction for dealing in dagga, substituting possession, and reduced the sentence after finding the evidence did not prove dealing.
S v Balette (1325/2006) [2007] ZAFSHC 8 (2 February 2007)
On review, the High Court confirmed the conviction for dealing in dagga but found the sentence disproportionate and substituted a lesser custodial term.
S v Sephuka (1105/2006) [2006] ZAFSHC 62 (14 December 2006)
Automatic review of a criminal sentence for dealing in dagga. The High Court held the fine-only sentence was incompetent and remitted the matter for resentencing.
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