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
Kekae v S (A282/17) [2024] ZAGPPHC 844 (26 August 2024)
The High Court set aside a rape and robbery conviction and sentence after key evidence was missing from the record and the appeal could not be fairly heard.
S v Mavuso (HC09/2024) [2024] ZANWHC 268 (7 June 2024)
High Court review set aside an undefended accused’s theft conviction and sentence after finding multiple procedural irregularities in plea, mitigation, and firearm proceedings.
Makau v S (CA&R 02/2024) [2024] ZAECMHC 56 (4 June 2024)
The magistrate committed serious misdirections by failing to properly inform the appellant of his right to legal representation, not affording him adequate opportunity to secure counsel, and admitting exhibits without proper procedure. The magistrate's conduct, including direct communication with one legal representative in the absence of the other, undermined the fairness of the trial. The State's concession that the trial was unfair and the sentence harsh was correct. The cumulative effect of these misdirections resulted in a violation of the appellant's constitutional rights, rendering the…
Source excerpt
Smit v S (1256/2022) [2023] ZASCA 154 (17 November 2023)
The Supreme Court of Appeal upheld the appeal, finding no proof of dolus eventualis for fraud and holding that the unrepresented appellant had a fair trial.
S v Machubeni (REV59/2023) [2023] ZALMPPHC 59 (1 August 2023)
The court found that the accused's right to legal representation was not properly respected, as the magistrate failed to confirm with the accused whether he wished to conduct his own defence and did not encourage him to seek legal representation. The magistrate relied solely on the prosecutor's statement and failed to conduct the necessary enquiry. Furthermore, the magistrate did not question the accused in terms of section 112(1)(b) of the Criminal Procedure Act to ensure that all essential elements of the offence were admitted, resulting in a conviction based only on a general guilty plea.…
Source excerpt
Willis v Mahadevy and Others (94037/19) [2021] ZAGPPHC 601 (17 September 2021)
The High Court granted leave to appeal against summary judgment, finding reasonable prospects of success on issues of personal liability, fee agreements, and related factual disputes.
Botes v S (AR321/2019) [2020] ZAKZPHC 53 (11 September 2020)
The court found that the trial magistrate's failure to safeguard the appellant's right to legal representation, both by permitting his attorney to withdraw without proper enquiry and by refusing a reasonable postponement for the appellant to secure alternative representation, constituted a material irregularity. The subsequent lack of competent representation, including the failure to effectively cross-examine key witnesses, further prejudiced the appellant's right to a fair trial. The court held that these breaches of constitutional rights were sufficiently serious to vitiate the convictions…
Source excerpt
S v Marotholi (R47/2020) [2020] ZAFSHC 107 (18 June 2020)
Automatic review of a theft conviction and 18-month sentence was dismissed after the High Court found no prejudice from omitted rights explanations.
Maluleke v Department of Telecommunications and Postal Services and Others (JR479/18) [2020] ZALCJHB 18 (31 January 2020)
The Labour Court dismissed an application for leave to appeal after holding that the review judgment showed no reasonable prospect of success or other compelling reason.
Mula v S (A289/2018) [2019] ZAFSHC 121; 2019 (2) SACR 579 (FB) (1 July 2019)
Appeal against rape conviction succeeded after the High Court found the unrepresented accused’s trial was procedurally unfair and irregular.
Explore more
