South Africa Case Law

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

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• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

Fokisi v Minister of Police (4258/2023)

Fokisi v Minister of Police (4258/2023) [2025] ZAFSHC 125 (6 May 2025)

Court

Free State High Court, Bloemfontein

Case number

4258/2023

Judge

Greyling-Coetzer

The High Court dismissed a damages claim for unlawful arrest and detention, finding the police had reasonable suspicion to arrest for dealing in dagga.

• Unlawful Arrest
• Unlawful Detention
• Damages Claim
• Reasonable Suspicion
• Drugs And Drug Trafficking Act
• Criminal Procedure Act

Sibeko v S and Another (Appeal) (A839/2016)

Sibeko v S and Another (Appeal) (A839/2016) [2025] ZAGPPHC 407 (23 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A839/2016

Judges

Mncube, Mbongwe

The court found that the presumption in section 19(2) of the Drugs and Drug Trafficking Act was not applicable to the facts, as the applicant did not admit to dealing but rather to possession for personal use. The trial court misdirected itself by relying on the presumption and failing to invoke section 113 of the Criminal Procedure Act to correct the plea to not guilty. The conviction for dealing was set aside and replaced with possession. The sentence imposed was found to be harsh due to the lack of concurrency, constituting a material misdirection. The appeal succeeded on both conviction a…

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• Drugs And Drug Trafficking Act
• Presumption Of Innocence
• Reverse Onus
• Plea Procedure
• Concurrent Sentences

Martins v S (A49/2019)

Martins v S (A49/2019) [2024] ZAWCHC 440 (17 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A49/2019

Judge

Kholong AJ

Bail pending leave to appeal was refused after conviction and a 20-year sentence, with the court finding no compelling basis to interrupt the sentence.

• Bail Pending Appeal
• Prevention Of Organised Crime Act
• Marine Living Resources Act
• Drugs And Drug Trafficking Act
• Prospects Of Success On Appeal
• Onus In Bail Applications

S v Mkhonza (R16/2023)

S v Mkhonza (R16/2023) [2024] ZAMPMBHC 66; 2024 (2) SACR 535 (MM) (16 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

R16/2023

Judges

TV Ratshibvumo, N Mazibuko

The magistrate convicted the accused of dealing in dagga solely on the basis of the statutory presumption in section 21(1)(a)(i) of the Drugs and Drug Trafficking Act, despite the accused's denial of dealing. This presumption was declared unconstitutional by the Constitutional Court in S v Bhulwana, S v Gwadiso, and has been invalid for nearly three decades. The application of this invalid provision resulted in a conviction and sentence that cannot stand. The procedural delays in transmitting the record for review further compounded the injustice suffered by the accused. The High Court set as…

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• Reverse Onus Presumption
• Drugs And Drug Trafficking Act
• Constitutional Invalidity
• Fair Trial Rights

Obiwuru v S (A216/23)

Obiwuru v S (A216/23) [2024] ZAWCHC 181 (16 July 2024)

Court

Western Cape High Court, Cape Town

Case number

A216/23

Judge

Nziweni

The court held that the magistrate applied the correct legal test in refusing bail pending petition for leave to appeal. The magistrate considered the seriousness of the offence, the substantial custodial sentence imposed, and the appellant's status as a foreign national with missing travel documents and ties abroad, which increased the risk of absconding. In such circumstances, the stringent test—requiring reasonable prospects of success on appeal—was appropriate and binding, as established by Supreme Court of Appeal authority. The less stringent test, applicable where there is no risk of ab…

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• Bail Pending Appeal
• Prospects Of Success
• Flight Risk
• Drugs And Drug Trafficking Act
• Judicial Discretion

Makgobo v S (A121/2023)

Makgobo v S (A121/2023) [2023] ZAWCHC 238 (8 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A121/2023

Judges

J I Cloete, N Ralarala

The magistrate committed material errors of law and fact by refusing to consider a suspended sentence, failing to obtain a pre-sentence report, and unlawfully ordering the summary removal of the appellant's children. The sentencing proceedings were vitiated by a grave miscarriage of justice, particularly given the appellant's status as sole caregiver and the absence of evidence supporting aggravating factors such as the alleged street value of the drugs. The best interests of the children, as enshrined in section 28(2) of the Constitution and articulated in S v M, were disregarded. The court…

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• Sentencing Principles
• Primary Caregiver
• Children In Need Of Care
• Drugs And Drug Trafficking Act
• Pre Sentence Report
• Suspension Of Sentence

Thomas v Minister of Police (2015/34496)

Thomas v Minister of Police (2015/34496) [2023] ZAGPJHC 911 (14 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2015/34496

Judge

Moorcroft

The court found the police officers' version more probable than the plaintiff's. The officers encountered the plaintiff walking on the shoulder of the road, observed suspicious behavior, and upon searching, found a Mandrax tablet in his possession. The arresting officer formed a reasonable suspicion that an offence under the Drugs and Drug Trafficking Act had been committed and lawfully arrested the plaintiff under section 40(1)(h) of the Criminal Procedure Act. The plaintiff was taken to the police station, his rights were explained, and he was detained lawfully. The court held that the disc…

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• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Mandrax Possession
• Criminal Procedure Act
• Drugs And Drug Trafficking Act

S v Dikgoro (C44/2023)

S v Dikgoro (C44/2023) [2023] ZAGPPHC 650 (1 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

C44/2023

Judge

Neukircher

High Court review correcting an incomplete magistrate’s sentence for cocaine possession, confirming a R2,000 fine paid immediately and no firearm disqualification.

• Possession Of Dependence Producing Substance
• Sentence Review
• Drugs And Drug Trafficking Act
• Minimum Sentence Requirements
• Sentence-review
• Drug-possession

Lajos v S (A31/2022)

Lajos v S (A31/2022) [2023] ZAGPJHC 673 (8 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A31/2022

Judges

M M MABESELE, M P KUMALO

The High Court upheld a sentence appeal by Donko Lajos, finding 15 years for dealing in heroin too severe and substituting 10 years' imprisonment.

• Sentencing
• Drugs And Drug Trafficking Act
• Judicial Discretion
• Mitigating Factors
• Criminal-sentencing
• Drug-offences