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South Africa Case Law

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Constitutional law

Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma (Helen Suzman Foundation as amicus curiae)

The Court granted direct access, found Mr Zuma guilty of contempt beyond reasonable doubt on the basis of service, knowledge and non-compliance with the earlier order, held that coercive relief would be futile in the circumstances, and imposed a direct unsuspended sentence of 15 months’ imprisonment together with punitive costs, concluding that the exceptional facts and Mr Zuma’s public attacks on the Judiciary justified the sanction.

  • Direct access
  • Urgency
  • Civil contempt
  • Sanction
  • Imprisonment
  • Costs
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Criminal Law [2017] ZAFSHC 166

S v Mavuso (R123/2017)

S v Mavuso (R123/2017) [2017] ZAFSHC 166 (14 September 2017)

On special review, the High Court held that the magistrate’s sentence for a Drugs Act offence was unlawful and referred the matter back for proper sentencing.

  • Sentencing
  • Drugs And Drug Trafficking Act
  • Imprisonment
  • Functus Officio
  • Criminal-sentencing
  • Special-review
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Criminal Law [2011] ZANCHC 19

S v Blom (CA&R 28/2011)

S v Blom (CA&R 28/2011) [2011] ZANCHC 19 (26 August 2011)

The High Court upheld an appeal against an excessive sentence for malicious injury to property, replacing three years’ imprisonment with six months and 17 days.

  • Malicious Injury To Property
  • Juvenile Sentencing
  • Suspended Sentence
  • First Offender
  • Imprisonment
  • Firearm Possession Disqualification
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Criminal Law [2004] ZAFSHC 142

S v Tshabalala (1158/2004)

S v Tshabalala (1158/2004) [2004] ZAFSHC 142 (16 September 2004)

On special review, the court found the sentence had been based on an incorrect prior conviction and substituted 30 months’ imprisonment with 20 months.

  • Sentencing
  • Review Proceedings
  • Previous Convictions
  • First Offender
  • Imprisonment
  • Criminal-review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.