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South Africa decisions
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S v Cossa (Review) (REV167/2024) [2024] ZALMPPHC 197; 2025 (1) SACR 400 (LP) (4 December 2024)
Automatic review of an immigration conviction was upheld in part on procedure: the conviction and six-month sentence were set aside for unfair-trial irregularities.
S v Mdhluli and Others (CC47/2021) [2024] ZALMPPHC 94 (5 August 2024)
The court found that the state failed to prove the accused's guilt beyond reasonable doubt. The eyewitness identification of accused 1 was unreliable, lacking corroboration and not supported by an identity parade. The fingerprint evidence did not conclusively establish the timing of contact with the vehicle, and the alibi defence was not disproved. The DNA evidence linking accused 2 and 3 to items at the scene was undermined by deficiencies in the chain of custody and lack of clarity regarding the provenance of the bucket and its contents. The circumstantial evidence did not exclude other rea…
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S v Chivabo (HC 14/2024) [2024] ZANWHC 156 (27 June 2024)
The High Court found that the proceedings in the magistrates' court were not in accordance with justice due to gross irregularities, including the absence of a proper record, two different sentences for the same conviction, and a failure to comply with binding precedent regarding deportation orders. The lack of contemporaneous notes or digital recording violated section 76(3)(a) of the Criminal Procedure Act, rendering the proceedings irregular. The correction of sentence did not comply with section 298 of the CPA, as it was not clear that the initial sentence was imposed by mistake. The magi…
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S v Siduna and Others (HC 14/23) [2023] ZANWHC 201; 2025 (1) SACR 108 (NWM) (31 October 2023)
The court found that the sentences imposed in five of the six matters were incompetent, as section 112(1)(a) of the Criminal Procedure Act does not permit direct imprisonment or fines exceeding R5000. The offences in those matters were serious and should not have been disposed of under section 112(1)(a). In the sixth matter, the fine imposed exceeded the statutory cap. The Adjustment of Fines Act does not apply to section 112(1)(a) proceedings. The sentences in all six matters were reviewed and set aside, with a competent sentence imposed in the sixth matter. The judgment was directed to the…
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Ogoh v S (A114/2023) [2023] ZAGPJHC 1227 (27 October 2023)
High Court appeal against refusal of bail in a rape matter dismissed after the court found the appellant was a flight risk and had not rebutted the State's evidence.
S v Tseko (04/2022) [2023] ZANWHC 195; 2024 (1) SACR 208 (NWM) (25 October 2023)
High Court review of a magistrate’s sentence for an immigration offence. The court corrected the sentence’s form, reduced the suspension period, and ante-dated it.
S v Kali and Others (R19/2023; R20/2023; R21/2023; R22/2023; R23/2023; R24/2023; R25/2023; R26/2023) [2023] ZAFSHC 268 (10 July 2023)
High Court review of eight Immigration Act sentences held the magistrate overemphasized deterrence and imposed grossly excessive terms.
S v Magagula (R17/2022) [2022] ZAMPMBHC 87 (30 November 2022)
High Court review of a magistrate’s sentence for dagga dealing held that a fine alone was incompetent under section 17(e) of the Drugs Act.
S v Boumpoutou (410/21; A924/18) [2022] ZAWCHC 167; 2022 (2) SACR 594 (WCC) (1 September 2022)
The court found that the sentence imposed pursuant to the plea and sentence agreement was not lawful, as the Immigration Act prescribes only imprisonment without the option of a fine for the offence charged. The error originated from the charge sheet and was perpetuated in the agreement and sentence. The court held that a plea and sentence agreement is a composite contract, and where the sentence is irregular or incompetent, the entire agreement is void. Severing the conviction from the sentence would be unfair to the accused, who entered into the agreement as a package deal. The prosecutor e…
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S v Bveni (CC 08/2019) [2020] ZAWCHC 190 (3 December 2020)
The court found that the identification evidence against the accused was overwhelming and reliable. Multiple independent witnesses, including victims and bystanders, identified the accused through photo identity parades and dock identifications. The accused's version was found to be highly improbable and contradicted by objective evidence, including forensic findings and the recovery of stolen items. The chain of evidence regarding the bloodstained shirt was sufficiently established, and there was no reasonable possibility of evidence tampering. The accused's denials and alternative explanati…
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