South Africa Case Law

Officila v S (A346/2019)

Officila v S (A346/2019) [2021] ZAGPPHC 244 (4 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A346/2019

Judges

N Davis, L Baloyi-Mere

The court found that the State failed to prove the chain of custody for the exhibits beyond reasonable doubt. There were material discrepancies and contradictions in the evidence of the police witnesses regarding the handling and identification of the exhibits. The prosecution did not clarify or explain these discrepancies, and the integrity of the evidence was compromised. The appellant's exculpatory version was reasonably possibly true, and the State did not discharge its onus. Consequently, the convictions and sentences could not stand.

Source excerpt

• Chain Of Custody
• Firearms Control Act
• Drug Trafficking Act
• Admissibility Of Evidence
• Onus Of Proof

Shaibu v State (A 04/2018)

Shaibu v State (A 04/2018) [2018] ZAGPPHC 782 (14 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

A 04/2018

Judge

Van der Schyff

The court found that the magistrate carefully considered all relevant facts and exercised his discretion judicially in refusing bail. The appellant, a foreign national on a visitor's visa with no assets, employment, or family in South Africa, failed to provide substantial evidence that he was not a flight risk. The seriousness of the charge, the strength of the State's case, and the lack of ties to South Africa supported the magistrate's conclusion. The appellant did not discharge the onus required under section 60(11)(b) of the Criminal Procedure Act to show that his release would be in the…

Source excerpt

• Bail Application
• Flight Risk
• Drug Trafficking Act
• Criminal Procedure Act
• Onus Of Proof

S v Melato (126/2012)

S v Melato (126/2012) [2012] ZAFSHC 162 (24 August 2012)

Court

Free State High Court, Bloemfontein

Case number

126/2012

Judges

D.S. Molefe, B.C. Mocumie

The High Court held that refusal of leave to appeal counts as judgment in the appeal, ending automatic review, and confirmed the conviction and 18-month sentence.

• Automatic Review
• Leave To Appeal
• Drug Trafficking Act
• Sentence Confirmation
• Automatic-review
• Leave-to-appeal

Vetter v S (AR 264/11)

Vetter v S (AR 264/11) [2012] ZAKZPHC 13 (13 March 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 264/11

Judges

Mbatha, Jappie

Appeal against drug-dealing convictions succeeded. The court substituted convictions for possession of cocaine and ecstasy and imposed correctional supervision.

• Drug Trafficking Act
• Possession Of Drugs
• Splitting Of Charges
• Correctional Supervision
• Sentencing Principles
• Drug-trafficking-act

Nokele v S (CA&R 312/2009)

Nokele v S (CA&R 312/2009) [2010] ZAECGHC 37 (24 May 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 312/2009

Judges

N Dambuza, M Makaula

The High Court set aside a conviction for dealing in dagga because the charge sheet was unclear and the accused likely did not understand the plea.

• Drug Trafficking Act
• Plea Irregularity
• Conviction And Sentence
• Charge Sheet Deficiency
• Criminal-law
• Plea-irregularity

S v Hlahele (523/2008)

S v Hlahele (523/2008) [2008] ZAFSHC 128 (19 November 2008)

Court

Free State High Court, Bloemfontein

Case number

523/2008

Judges

Mocumie, Moloi

On automatic review, the High Court confirmed the conviction for dealing in dagga but set aside a harsh sentence and substituted a fine or imprisonment plus a suspended term.

• Sentencing Discretion
• Drug Trafficking Act
• Mitigating Factors
• Review Of Sentence
• Sentencing-discretion
• Automatic-review

Coetzer v S (A548/2007)

Coetzer v S (A548/2007) [2008] ZAWCHC 178 (18 April 2008)

Court

Western Cape High Court, Cape Town

Case number

A548/2007

Judges

Van Reenen, Dlodlo

The High Court dismissed an appeal against sentence for cocaine trafficking, finding no material misdirection and no basis to interfere with the 15-year sentence.

• Drug Trafficking Act
• Sentencing Principles
• Magistrate Irregularity
• Fair Trial Rights
• Criminal-law
• Sentencing-principles