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South Africa decisions
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S v Ngulashi (01/2024) [2024] ZANWHC 39 (14 February 2024)
On special review, the High Court set aside the guilty plea proceedings on theft because the accused did not admit intention, but confirmed the trespassing proceedings.
S v Bam (R52/2019) [2019] ZAFSHC 123; 2019 (2) SACR 662 (FB) (22 July 2019)
The court found that the accused was not properly questioned regarding the competence of the traffic officer to operate the speed measuring device, which is a necessary element for conviction under section 59(4)(a) of the National Road Traffic Act. General questions about satisfaction with procedures do not suffice to establish all factual elements required for a valid guilty plea. The absence of specific admission or proof regarding the traffic officer's competence rendered the proceedings not in accordance with justice. Consequently, the conviction and sentence could not stand and were set…
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S v Molalose (451/07) [2007] ZAGPHC 393 (13 November 2007)
The High Court set aside a guilty-plea conviction for unlawful possession of unwrought gold, finding the magistrate had not ensured all offence elements were admitted.
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