Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2024] ZANWHC 156

S v Chivabo (HC 14/2024)

S v Chivabo (HC 14/2024) [2024] ZANWHC 156 (27 June 2024)

Court
North West High Court, Mafikeng
Case number
HC 14/2024
Judges
A H Petersen, A Reddy

The High Court found that the proceedings in the magistrates' court were not in accordance with justice due to gross irregularities, including the absence of a proper record, two different sentences for the same conviction, and a failure to comply with binding precedent regarding deportation orders. The lack of contemporaneous notes or digital recording violated section 76(3)(a) of the Criminal Procedure Act, rendering the proceedings irregular. The correction of sentence did not comply with section 298 of the CPA, as it was not clear that the initial sentence was imposed by mistake. The magi…

Source excerpt

  • Immigration Act Offences
  • Deportation Orders
  • Gross Irregularity
  • Stare Decisis
  • Correction Of Sentence
Read case analysis
Criminal Law [2016] ZAGPPHC 477

S v Matjelo (A397/2016)

S v Matjelo (A397/2016) [2016] ZAGPPHC 477 (20 June 2016)

Court
North Gauteng High Court, Pretoria
Case number
A397/2016
Judges
L M Molopa-Sethosa, N P Mngcibisa-Thusi

The accused's right to legal representation was not properly explained prior to the plea and conviction on count 1. The record does not reflect that the accused was informed of his rights at the appropriate stages, and the explanation given was superficial and insufficient. The order declaring the accused unfit to possess a firearm was irregular, as the offence did not fall under those listed in section 103(1) of the Firearms Control Act, and the accused was not given an opportunity to address the court on this issue. The deportation order was also irregular, as such decisions are reserved fo…

Source excerpt

  • Fair Trial Rights
  • Legal Representation
  • Firearms Control
  • Deportation Orders
Read case analysis

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.