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South Africa Case Law

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Criminal Law [2018] ZAGPPHC 801

S v Jita (18/2018)

S v Jita (18/2018) [2018] ZAGPPHC 801 (8 February 2018)

On review after a guilty plea to rape, the High Court held that section 113(1) required a plea of not guilty where duress was suggested, and remitted the matter.

  • Rape
  • Guilty Plea Procedure
  • Defence Of Duress
  • Section 113 Criminal Procedure Act
  • Guilty-plea-procedure
  • Duress
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Criminal Law [2015] ZAECGHC 34

S v Ximiya (CC91/2014)

S v Ximiya (CC91/2014) [2015] ZAECGHC 34 (19 February 2015)

The High Court rejected the accused’s duress defence and convicted him of murder, robbery with aggravating circumstances, and firearm and ammunition offences.

  • Murder
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
  • Defence Of Duress
  • Duress-defence
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Civil Procedure [2012] ZASCA 73

Visser and Another v Kotze (519/2011)

Visser and Another v Kotze (519/2011) [2012] ZASCA 73 (25 May 2012)

The Supreme Court of Appeal held that an alleged threat to report a debtor to police or a spouse did not disclose a bona fide defence of duress.

  • Summary Judgment
  • Defence Of Duress
  • Loan Agreement
  • Suretyship
  • Attorney And Client Costs
  • Summary-judgment
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Criminal Law [2001] ZANCHC 26

S v Pieters (726/2001)

S v Pieters (726/2001) [2001] ZANCHC 26 (5 November 2001)

On review, the High Court set aside a theft conviction where the accused claimed duress, the State led no evidence, and the magistrate misapplied the burden of proof.

  • Doli Incapax
  • Defence Of Duress
  • Onus Of Proof
  • Unrepresented Accused
  • Conviction On Own Version
  • Criminal-law
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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.