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South Africa Case Law

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Criminal Law [2024] ZAWCHC 66

S v H.L and Others (445/2023)

S v H.L and Others (445/2023) [2024] ZAWCHC 66 (4 March 2024)

Court
Western Cape High Court, Cape Town
Case number
445/2023
Judges
Lekhuleni JD, Nziweni CN

The sentences imposed by the trial court on the three child offenders were incompetent and void because they failed to comply with the requirements of section 75 of the Child Justice Act read with section 276(1)(h) of the Criminal Procedure Act. Specifically, the sentences did not include any expressed conditions or refer to recommended rehabilitative programmes, defeating the objectives of correctional supervision. The trial court erred by acting as a mere rubber stamp for the plea and sentence agreements without ensuring legal competence and alignment with constitutional standards. Furtherm…

Source excerpt

  • Child Justice Act
  • Correctional Supervision
  • Plea And Sentence Agreement
  • Delay In Criminal Proceedings
  • Best Interests Of Child
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Criminal Law [2019] ZASCA 145

Salzmann v S (755/18)

Salzmann v S (755/18) [2019] ZASCA 145; [2020] 1 All SA 361 (SCA); 2020 (2) SACR 200 (SCA) (13 November 2019)

Court
Supreme Court of Appeal
Case number
755/18
Judges
LE Leach, FE Mokgohloa, M B Molemela, YT Mbatha, Saldulker, Molemela

The majority held that the Superior Courts Act governs the appeal regime for proceedings commenced after its enactment. The appellant's trial was pending when the Act came into force, but his subsequent appeal to the Supreme Court of Appeal was a fresh proceeding, not covered by the deeming provision in s 52(2). Therefore, only the Supreme Court of Appeal could grant special leave to appeal, and the high court lacked jurisdiction. On the merits, the evidence overwhelmingly implicated the appellant in the cyber-attack on Cell C, given his access, technical knowledge, and the timing of the dial…

Source excerpt

  • Special Leave To Appeal
  • Electronic Communications And Transactions Act
  • Unlawful Access To Computer Systems
  • Sentencing Principles
  • Delay In Criminal Proceedings
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Criminal Law [2006] ZAECHC 19

Pienaar and Another v Magistrate, Zwelitsha (745/05, ECJ136)

Pienaar and Another v Magistrate, Zwelitsha (745/05, ECJ136) [2006] ZAECHC 19 (20 April 2006)

Court
High Courts - Eastern Cape
Case number
745/05
Judge
N Dambuza

The court found that the delay attributable to the State was not so unreasonable as to justify a permanent stay of prosecution. There was insufficient evidence that the State caused the postponements or that the applicants suffered prejudice sufficient to warrant the drastic relief sought. The charges, as amplified by further particulars, were sufficiently detailed to inform the applicants of the case against them. The court agreed with the magistrate that any defects or vagueness in the charges could be remedied by amendment and postponement, and that the applicants' constitutional rights ha…

Source excerpt

  • Permanent Stay Of Prosecution
  • Fair Trial Rights
  • Delay In Criminal Proceedings
  • Charge Sheet Particularity
  • Constitutional Rights
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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.