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South Africa decisions
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S v Antonio (136/2024) [2024] ZAWCHC 121; 2024 (2) SACR 62 (WCC) (3 May 2024)
High Court special review set aside a firearm-unfitness order, holding section 103(1) was not triggered without evidence of drug abuse or dealing.
S v Du Preez (HC 05/2023) [2023] ZANWHC 197 (1 November 2023)
Automatic review of a guilty plea for drug possession was set aside because the magistrate convicted without scientific analysis certificates and reliable proof.
S v Elmie (143/21; 16/2021) [2021] ZAWCHC 188 (11 May 2021)
The magistrate's questioning of the unrepresented accused during plea proceedings was perfunctory and lacked essential detail. The accused did not specifically admit that the tik lolly contained methamphetamine, nor was his knowledge of the substance tested. The court failed to obtain or examine a certificate of analysis to corroborate the nature of the substance. The accused was not properly informed of his rights to review and appeal. These irregularities were gross and led to a complete failure of justice, rendering the conviction and sentence unsafe. The proceedings were not in accordance…
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Lambat v S (A70/2019) [2019] ZAGPJHC 440 (17 October 2019)
The High Court upheld an appeal against sentence for drug possession, finding five years imprisonment disturbingly inappropriate for a first offender.
S v Cronje (19113) [2019] ZAWCHC 133; 2020 (1) SACR 74 (WCC) (3 October 2019)
The court held that while previous convictions for similar offences weighed heavily against the accused, the magistrate's discretion in sentencing was not improperly fettered by reference to S v Permall. The principle that sentencing must be individualized and proportionate was reaffirmed, and the court clarified that no rigid formula should dictate the relationship between fines and alternative imprisonment. The accused's personal circumstances, repeated offences, and lack of deterrence from prior sentences justified the sentence imposed. The proceedings were found to be in accordance with j…
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Kiewits v S (CA&R74/2019) [2019] ZAECGHC 82 (16 August 2019)
The High Court reduced a repeat drug offender’s sentence from 3 years to 18 months, finding the magistrate’s sentence too severe despite no material misdirection.
S v Frederick; S v Maxhongo (18531; 18532) [2018] ZAWCHC 89; 2018 (2) SACR 686 (WCC) (11 July 2018)
Review judgment setting aside custodial sentences for minor drug possession and referring both matters back to consider probation or substance-abuse interventions.
National Director of Public Prosecution v P.D.P (2486/2016) [2017] ZANCHC 47; 2017 (2) SACR 577 (NCK) (2 June 2017)
The court found that the applicant failed to establish a clear nexus between the vehicle and the illegal transportation of mandrax tablets. The respondent's explanations regarding the origin of the drugs were inconsistent and not credible, but the NDPP did not prove possession. The registration of the vehicle in the name of a minor child was suspicious, yet the court could not act on suspicion alone. Furthermore, no curator ad litem was appointed to protect the minor's interests, which is required when forfeiture of property registered to a child is sought. The application for confirmation of…
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S v Shale (38/2015) [2015] ZAFSHC 87 (30 April 2015)
High Court review setting aside a guilty-plea conviction for possession of mandrax, after the accused did not admit essential elements and review rights were not explained.
S v Pietersen (B741/2014) [2014] ZAWCHC 200 (19 December 2014)
Automatic review of a cannabis-possession sentence: the High Court found the fine and alternative imprisonment unduly severe and substituted a lower sentence.
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