South Africa Case Law

S v Chukwumeka

S v Chukwumeka [2023] ZAGPPHC 475; A10/2023 (15 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

A10/2023

Judge

Mosopa

The court held that the applicant, an illegal foreign national, failed to discharge the onus of proving that the interests of justice permit his release on bail. The addresses provided by the applicant were not satisfactorily verified, making enforcement of bail conditions impractical. The applicant's status as an illegal foreigner, while not a bar to bail, was relevant to the risk of absconding. The State's case was strong, with direct evidence linking the applicant to the offences, and the seriousness of the charges increased the risk of evasion. The applicant did not present new facts in h…

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• Bail Application
• Illegal Foreigner
• Schedule 5 Offence
• Address Verification
• Onus Of Proof
• Promotion Of Administrative Justice Act

S v Mudenda (CA&R 04/2021)

S v Mudenda (CA&R 04/2021) [2021] ZAECGHC 5 (12 January 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 04/2021

Judges

Rugunanan, G H Bloem

On automatic review, the High Court confirmed an eight-month sentence for unlawful presence in South Africa and held the proceedings were in accordance with justice.

• Immigration Act Offence
• Illegal Foreigner
• Sentencing Principles
• Automatic Review
• Fair Trial Rights
• Immigration-act

S v Makuyana (R09/2020)

S v Makuyana (R09/2020) [2020] ZAFSHC 25 (13 February 2020)

Court

Free State High Court, Bloemfontein

Case number

R09/2020

Judges

S Naidoo, P Molitsoane

The court found that, although the accused's section 112(2) statement repeated much of the charge sheet's wording, it also included admissions that he trespassed unlawfully and without permission and that he was an illegal foreigner with no defence to the charges. These additional admissions demonstrated that the accused understood the nature of the offences and admitted all essential elements. The court held that, in line with the principle in S v Mbuyisa, the use of charge sheet language does not automatically invalidate a guilty plea if the facts admitted are sufficient. The convictions an…

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• Guilty Plea Procedure
• Section 112 Statement
• Trespass
• Illegal Foreigner
• Conviction Requirements

S v Cossa (96/2015)

S v Cossa (96/2015) [2015] ZAFSHC 115 (25 June 2015)

Court

Free State High Court, Bloemfontein

Case number

96/2015

Judges

A. Williams, S. Naidoo

High Court review setting aside an unauthorized firearm unfitness order under the Firearms Control Act while confirming the fine imposed for illegal foreigner convictions.

• Illegal Foreigner
• Firearms Control Act
• Sentencing
• Ultra Vires Order
• Criminal-law
• Firearms-control

Motseki v S (97/2015)

Motseki v S (97/2015) [2015] ZAFSHC 140 (11 June 2015)

Court

Free State High Court, Bloemfontein

Case number

97/2015

Judges

C. REINDERS, C. VAN ZYL

On special review, the High Court confirmed Motseki’s conviction and sentence, but set aside a magistrate’s order declaring him unfit to possess a firearm.

• Illegal Foreigner
• Firearms Control Act
• Ultra Vires Magistrate Order
• Firearms-control-act
• Ultra-vires
• Special-review

S v Sithole (174/2014)

S v Sithole (174/2014) [2014] ZAFSHC 211 (6 November 2014)

Court

Free State High Court, Bloemfontein

Case number

174/2014

Judges

E.K. Tsatsi, C.H.G. van der Merwe

On special review, the court set aside a guilty-plea conviction on trespass because the plea statement omitted an essential element, and remitted the matter.

• Trespass Act
• Attempted Theft
• Illegal Foreigner
• Plea Procedure
• Sentencing Concurrency
• Guilty-plea

S v Jwele (118/2014)

S v Jwele (118/2014) [2014] ZAFSHC 84 (13 June 2014)

Court

Free State High Court, Bloemfontein

Case number

118/2014

Judges

Rampai, Daffue

On special review, the High Court held that a sentence of direct imprisonment imposed after a guilty plea under section 112(1)(a) was irregular. The conviction stood, but sentence was set aside.

• Illegal Foreigner
• Summary Trial Procedure
• Sentencing Irregularity
• Section 112 Plea
• Option Of Fine
• Section-112-plea

S v Motloi and Another (42/2014)

S v Motloi and Another (42/2014) [2014] ZAFSHC 16 (28 February 2014)

Court

Free State High Court, Bloemfontein

Case number

42/2014

Judges

Van Zyl, Reinders

On special review, the High Court set aside two guilty convictions because one count was based on a repealed corruption statute and the counts were closely linked.

• Corruption
• Illegal Foreigner
• Conviction Irregularity
• Repealed Statute
• De Novo Trial
• Criminal-law

Havard and Another v Minister of Home Affairs and Others (33431/2011)

Havard and Another v Minister of Home Affairs and Others (33431/2011) [2011] ZAGPJHC 245 (30 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

33431/2011

Judge

W L Wepener

The court held that the applicant was required by law to exhaust the internal remedy of review to the Minister under section 8(2)(a) of the Immigration Act before seeking judicial review of the decision declaring him an illegal foreigner. No exceptional circumstances were shown to justify exemption from this requirement under section 7(2)(c) of PAJA. The applicant's version was found to be vague, contradictory, and unsupported by credible evidence, with indications of fraudulent travel documents and unexplained discrepancies. The court found that the applicant's approach to court was prematur…

Source excerpt

• Immigration Act
• Exhaustion Of Internal Remedies
• Judicial Review
• Illegal Foreigner
• Urgent Interdict