Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mvuna v S (AR 283/23) [2024] ZAKZPHC 69 (23 August 2024)
The High Court reduced a murder sentence from life imprisonment to 20 years after finding the record inadequate and the sentencing approach misguided.
Lolwane v S (CA28/2022) [2024] ZANWHC 32 (16 February 2024)
The High Court set aside a rape conviction and life sentence after finding that plea and sentencing irregularities caused a failure of justice.
Blom v S (A95/2022) [2023] ZAFSHC 26 (6 February 2023)
The court found that the presiding officer failed to assist or guide the appellant, who was unrepresented, during his cross-examination of the complainant, particularly on the issue of consent. This omission constituted an irregularity that resulted in an unfair trial and a failure of justice. The conviction and sentence could not stand, and the matter was referred to the Director of Public Prosecutions for a decision on whether the appellant should be retried before another magistrate.
Source excerpt
S v Thabethe and Others (08/2022) [2022] ZAFSHC 351 (14 December 2022)
The court found that the alleged irregularity—the refusal to provide further and better particulars—was fully addressed in the judgment and forms part of the record. The accused have been provided with sufficient information to prepare for trial, including the indictment, statement of facts, and witness statements. The application for special entry is unnecessary because the irregularity, if any, appears on the record and can be raised as a ground of appeal under section 316. Furthermore, the application does not meet the requirements of section 317(1), as it is not bona fide and would consti…
Source excerpt
Zulu v S (AR 319/2021) [2022] ZAKZPHC 20 (13 May 2022)
The court found that the failure to explain and apply section 93ter of the Magistrate's Court Act regarding assessors constituted a fatal irregularity. The appellant was excluded from the process of electing assessors on three separate occasions, and the record did not reflect any explanation or election by the appellant. This exclusion violated the appellant's right to a properly constituted court and a fair trial. The irregularities in the handling of the application for leave to appeal and condonation further undermined the integrity of the proceedings. The court held that these irregulari…
Source excerpt
Khanye v S (A118/2021) [2022] ZAFSHC 36 (28 February 2022)
The High Court upheld an appeal because the trial record was missing and could not be reconstructed, making a fair appeal impossible.
Director of Public Prosecutions: Gauteng Division, Pretoria v Mathebula and Another (A110/2018) [2020] ZAGPPHC 514 (28 August 2020)
The High Court upheld an appeal against an acquittal after a regional magistrate closed the State’s case under section 342A without proper inquiry or notice.
Gumbi and Others v S (414/2017) [2018] ZASCA 125; 2018 (2) SACR 676 (SCA) (26 September 2018)
The Supreme Court of Appeal set aside convictions after finding the post-incapacity procedure was irregular and did not lawfully recommence the trial.
S v N and Another (R431/2017) [2017] ZAFSHC 202 (26 October 2017)
The court found that although there was non-compliance with the Child Justice Act in failing to conduct a preliminary inquiry for accused 4 and 5, this irregularity was not so fundamental as to result in a failure of justice. The accused were minors at the time of the offence but were legally represented throughout the trial, their guardians were present, and they understood the proceedings. Notices for a preliminary inquiry were served, but for reasons unknown, the inquiry was not held. The oversight was condonable due to the effluxion of time and the accused having reached majority by the t…
Source excerpt
S v Jacobs, S v Swart, S v Damon, S v Jas, S v Klaasen, S v Swanepoel, S v Xhantibe (C1191-13; B927-14; 526-14; 14-17; 682-16; 1907-16; 310-17) [2017] ZAWCHC 82; 2017 (2) SACR 546 (WCC) (16 August 2017)
The High Court found that endemic delays in forwarding records for automatic review from outlying magistrates' courts in the Western Cape constitute gross irregularities and failures of justice, especially where accused have already served sentences or lost the opportunity for meaningful review. The Court held that such delays infringe the constitutional right to a fair trial and review, and that mere administrative explanations do not suffice where prejudice is manifest. In S v Swart, the conviction was quashed due to unsound identification evidence and prejudicial delay. In S v Jacobs and S…
Source excerpt
Explore more
