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South Africa decisions
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S v K T (255/2013) [2013] ZAGPPHC 470 (15 November 2013)
On special review, the High Court set aside a conviction entered under a repealed corruption statute and allowed the accused to be re-charged under the current law.
S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)
The High Court set aside a conviction after finding the accused had been charged under the wrong section of the Limpopo Environmental Management Act.
S v Molati (396/2011) [2012] ZAFSHC 84 (3 May 2012)
On automatic review, the High Court set aside a conviction and fine for possession of an unpolished diamond because the accused was charged under the wrong statute.
S v Tshabalala (112/2009) [2009] ZAFSHC 43 (5 March 2009)
On special review, the High Court corrected an escape conviction entered under a statute not yet in force, substituted the proper older statute, confirmed count two, and remitted the matter for sentencing.
S v Mokoena (1265/2006) [2006] ZAFSHC 128 (9 November 2006)
The accused was convicted under Regulation 36(1) of Act 93 of 1996, which does not create an offence for driving without a valid driver's licence. The correct statutory provision is section 12(a) of the National Road Traffic Act, read with sections 89(1) and 89(6), which establish the relevant offence and penalty. The charge as formulated was irregular and void, rendering both the conviction and sentence nullities. The court set aside the conviction and sentence on special review.
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