South Africa Case Law

S v Mutobvu (A800/12)

S v Mutobvu (A800/12) [2012] ZAGPPHC 289; 2013 (2) SACR 366 (GNP) (15 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

A800/12

Judges

N Ranchod, S P Mothle

The court found that the accused paid the admission of guilt fine under a mistaken belief, without legal representation or proper explanation of the consequences. The official summons did not set out the effect of payment, and the accused had already compensated the complainant, who supported withdrawal of the charge. The Director of Public Prosecutions agreed that prosecution was not appropriate and that restorative justice should apply. The court held that equity and justice required the conviction and sentence to be set aside, and the fine refunded, as the accused would have had a probable…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record Removal
• Restorative Justice
• Failure To Stop After Accident

S v Mantsho (102/01)

S v Mantsho (102/01) [2001] ZANWHC 47 (1 November 2001)

Court

North West High Court, Mafikeng

Case number

102/01

Judges

M M Leeuw, B E Nkabinde

Review of a traffic conviction and sentence. The High Court clarified count 1 as negligent driving, confirmed counts 2 to 4, and replaced vague suspension conditions.

• Road Traffic Act
• Reckless Driving
• Negligent Driving
• Failure To Stop After Accident
• Driving Without Licence
• Suspended Sentence Conditions

S v Modiakgotla (88/01)

S v Modiakgotla (88/01) [2001] ZANWHC 41 (4 October 2001)

Court

North West High Court, Mafikeng

Case number

88/01

Judge

M M Leeuw

High Court review setting aside a juvenile accused’s conviction and sentence after an inadequate guilty-plea inquiry under section 112 of the Criminal Procedure Act.

• Road Traffic Act
• Reckless Driving
• Failure To Stop After Accident
• Juvenile Offender
• Plea Procedure
• Guilty-plea-procedure