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South Africa decisions
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Dlephu v S (CA&R14/2023) [2024] ZAECMHC 32 (17 May 2024)
The High Court set aside a murder conviction and life sentence after finding fatal trial irregularities involving assessors, an unsworn witness, and improper procedure.
Managa and Others v S (118/13) [2013] ZASCA 121 (20 September 2013)
The Supreme Court of Appeal held that the State’s evidence was insufficient and unreliable, and set aside the appellants’ convictions and sentences.
Moodien v S (A497/09) [2010] ZAWCHC 66 (4 March 2010)
The court found that although there were serious procedural irregularities, including failure to inform the appellant of the invocation of the Minimum Sentence Act and improper handling of witness testimony, these did not impair the appellant's right to a fair trial regarding the rape and robbery counts. The evidence of the complainant, corroborated by medical evidence, was sufficient to sustain the convictions for rape and robbery. However, the conviction for indecent assault could not stand due to a material discrepancy between the charge sheet and the evidence led. The sentence of life imp…
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S v Witbooi (070079) [2008] ZAECHC 121 (8 May 2008)
The High Court set aside a conviction and sentence after finding the magistrate had bullied the accused into a guilty plea and conducted an irregular plea inquiry.
S v Tilo (185/2005) [2006] ZANCHC 15; 2006 (2) SACR 266 (NC) (10 March 2006)
The appeal was upheld on the basis that the regional magistrate committed material irregularities by failing to properly explain and record the appellant's rights to legal representation and legal aid, and by engaging in discussions about the case in the absence of the accused. These actions violated the appellant's constitutional right to a fair trial as enshrined in section 35 of the Constitution. The court found that the record did not reflect the necessary details to determine whether the appellant's rights were adequately explained, and the magistrate's conduct undermined the integrity o…
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Roberts v Additional Magistrate for the District of Johannesburg, Mr Van Den Berg and Another (548/97) [1999] ZASCA 53; [1999] 4 All SA 285 (A) (3 September 1999)
The Supreme Court of Appeal held that the magistrate's conduct after conviction, including private discussions with the prosecutor, refusal to allow argument on key applications, and visible irritation and disinterest, created a reasonable suspicion of bias in the mind of a reasonable person in the position of the accused. The test for recusal is whether a reasonable person would, on reasonable grounds, suspect bias, and this test was satisfied in the present case. The irregularities were not confined to sentencing but tainted the entire trial, as the appearance of bias could reasonably be th…
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S v Sallem (170/1986) [1987] ZASCA 76 (26 August 1987)
Appeal upheld after the court found serious trial irregularities, including repeated refusal of remands and judicial impatience that denied a fair trial.
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