South Africa Case Law

Mogaecho v S (A47/2022)

Mogaecho v S (A47/2022) [2025] ZAFSHC 120 (24 April 2025)

Court

Free State High Court, Bloemfontein

Case number

A47/2022

Judges

Mhlambi, Van Rhyn

The appeal succeeded because the separation of trials was granted without disclosure of grounds, resulting in prejudice to the appellant. The trial court failed to exercise its discretion judicially, as the appellant was convicted on the basis of common purpose using evidence against co-accused who were no longer present to refute it. Furthermore, the incomplete and reconstructed record, done without the appellant's input, violated his constitutional right to a fair trial and appeal. The charge sheet was found to be legally defective, and the sentence was imposed without proper consideration…

Source excerpt

• Separation Of Trials
• Common Purpose
• Fair Trial Rights
• Incomplete Record On Appeal
• Conviction And Sentence
• Appeal Procedure

Mpaku v S (CA31/2018)

Mpaku v S (CA31/2018) [2024] ZANWHC 184 (11 July 2024)

Court

North West High Court, Mafikeng

Case number

CA31/2018

Judges

DJAJE, SMIT

The High Court upheld a criminal appeal because the trial record was incomplete, making proper appellate review impossible. The conviction, sentence, and custody order were set aside.

• Right To Fair Trial
• Incomplete Record On Appeal
• Automatic Right Of Appeal
• Condonation For Late Filing
• Criminal-appeal
• Incomplete-record

Sijila v S (CA & R93/2023)

Sijila v S (CA & R93/2023) [2024] ZAECMKHC 35 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA & R93/2023

Judges

Zilwa, Makaula

The appeal court found that the record of proceedings in the court a quo was incomplete, lacking transcription of the vital portion relating to sentencing, and that the reconstruction was not properly conducted with input from all relevant parties. This inadequacy prevented a proper appraisal of the evidence on sentencing and rendered the proceedings unjust. The court held that the appellant's right to a fair trial and appeal was violated, as the record was insufficient for judicial review. Consequently, the appeal against sentence succeeded, and the sentence was set aside. The matter was rem…

Source excerpt

• Incomplete Record On Appeal
• Reconstruction Of Court Record
• Right To Fair Trial
• Sentencing Procedure

Yawa v S (CA R 134/2022)

Yawa v S (CA R 134/2022) [2024] ZAECMKHC 18 (14 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA R 134/2022

Judges

N Gqamana, A Govindjee

The High Court upheld a criminal appeal because the trial record was incomplete, making fair consideration impossible, and set aside the conviction and sentence.

• Right To Fair Trial
• Incomplete Record On Appeal
• Setting Aside Conviction
• Release From Imprisonment
• Criminal-appeal
• Incomplete-record-on-appeal

Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983)

Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983) [2023] ZAGPJHC 1353 (21 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/043983

Judges

Botsi-Thulare, Noko

The High Court struck an appeal off the roll because the magistrate’s reasons were missing and the appellant had not sought mandamus to compel them.

• Enforcement Of Foreign Judgments
• Incomplete Record On Appeal
• Magistrates Court Appeal
• Mandamus For Written Reasons
• Incomplete-record-on-appeal
• Magistrates-court-appeal

Mbuyisa and Others v S (17574/2022P)

Mbuyisa and Others v S (17574/2022P) [2023] ZAKZPHC 132 (10 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17574/2022P

Judges

Davis AJ, Radebe J

Appeal against convictions for robbery with aggravating circumstances dismissed despite an incomplete record; the court found the evidence adequate and convictions justified.

• Robbery With Aggravating Circumstances
• Incomplete Record On Appeal
• Identification Parade
• Co Perpetrators
• Onus Of Proof
• Fair Trial Rights

Robertson v S (KS 48/05)

Robertson v S (KS 48/05) [2023] ZANCHC 61; 2023 (2) SACR 615 (NCK) (29 September 2023)

Court

Northern Cape High Court, Kimberley

Case number

KS 48/05

Judges

Phatshoane, Williams, Nxumalo

The majority of the court found that the incomplete record, which lacked the evidence of the appellant and his co-accused, was inadequate for proper adjudication of the appeal. The available record consisted mainly of the State's evidence and did not allow for a fair consideration of the appellant's defence. Furthermore, the appeal was heard almost 17 years after sentencing, a delay not attributable to the appellant, which constituted a gross violation of his constitutional right to a fair trial and appeal. The court held that proceeding on the merits would infringe these rights. Consequently…

Source excerpt

• Fair Trial Rights
• Incomplete Record On Appeal
• Delay In Appeal
• Admissibility Of Confession
• Common Purpose
• Sentencing Guidelines

Mathunjwa v S (AR351/2017)

Mathunjwa v S (AR351/2017) [2023] ZAKZPHC 56 (29 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR351/2017

Judges

Chetty, M E Nkosi

The High Court upheld an appeal against conviction and sentence because the trial record was incomplete and could not be reconstructed.

• Right To Fair Trial
• Incomplete Record On Appeal
• Sexual Offences Against Children
• Institution Of Proceedings De Novo
• Incomplete-record-on-appeal
• Fair-trial-rights

Nogwazi v S (A201/2022)

Nogwazi v S (A201/2022) [2023] ZAWCHC 39 (17 February 2023)

Court

Western Cape High Court, Cape Town

Case number

A201/2022

Judges

M I Samela, Nziweni

The High Court set aside a conviction and 20-year sentence because the trial record was materially incomplete and could not be reconstructed for appeal.

• Right To Fair Trial
• Incomplete Record On Appeal
• Robbery With Aggravating Circumstances
• Leave To Appeal
• Condonation Of Late Filing
• Criminal-appeal

Piyose v S (A72/2021)

Piyose v S (A72/2021) [2022] ZAGPJHC 570 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A72/2021

Judges

Crutchfield, Mdalana-Mayisela

Appeal against rape convictions and 20-year sentence dismissed. The court held the incomplete record caused no prejudice and the complainant’s evidence was credible.

• Rape Of Minor
• Single Witness Evidence
• Incomplete Record On Appeal
• Credibility Of Complainant
• Sentencing Principles
• Delay In Reporting