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South Africa Case Law

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Criminal Law [2020] ZALMPPHC 79

S v Makola (43/2020; RCN 32/19)

S v Makola (43/2020; RCN 32/19) [2020] ZALMPPHC 79 (9 September 2020)

Court
Limpopo High Court, Polokwane
Case number
43/2020; RCN 32/19
Judges
MF Kganyago, MV Semenya

The court found that the accused's convictions for intimidation under section 1(1)(b) of the Intimidation Act 72 of 1982 must be set aside because the Constitutional Court declared that provision unconstitutional and invalid in the Moyo case. The order of invalidity operates retrospectively to pending trials and appeals where the right of appeal has not yet been exhausted. Since the accused had been convicted but not yet sentenced, his trial was not finalized and he had not exercised his right of appeal. Therefore, it would not be in accordance with the administration of justice to proceed wi…

Source excerpt

  • Intimidation Act Unconstitutionality
  • Retrospective Application Of Invalidity
  • Sentencing Procedure
  • Crimen Injuria
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Criminal Law [2020] ZAMPMHC 14

S v Mrona (R09/ 2020)

S v Mrona (R09/ 2020) [2020] ZAMPMHC 14 (8 June 2020)

Court
Middelburg High Court, Mpumalanga
Case number
R09/ 2020
Judges
HF Brauckmann, SS Mphahlele

The conviction and sentence for intimidation under section 1(1)(b) of the Intimidation Act were set aside because the Constitutional Court had declared the section unconstitutional and invalid, with retrospective effect. The suspended sentence for assault was reviewed because the condition prohibiting contact with the complainant was inappropriate and did not serve the proper purpose of a suspended sentence. The court held that conditions of suspension must relate to the offence and serve as a deterrent against future similar conduct. The sentence was replaced with a condition that the accuse…

Source excerpt

  • Intimidation Act Unconstitutionality
  • Suspended Sentence Conditions
  • Assault
  • Sentencing Principles
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.