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Tuta v The State (CCT 308/20) [2022] ZACC 19; 2023 (2) BCLR 179 (CC); 2024 (1) SACR 242 (CC) (31 May 2022)
The Constitutional Court held that the trial court misdirected itself on putative private defence, set aside Tuta’s murder and attempted murder convictions, and ordered his release.
S v Mohumi (CA 80/08) [2008] ZANWHC 40 (1 November 2008)
The court found that the presiding officer's reference to Part III of Schedule 2 was a genuine error and did not reflect his intention, as the evidence supported a conviction under Part I. The mistake was only realized after a reasonable time had lapsed, making it impossible for the magistrate to correct it under section 176 of the Criminal Procedure Act. The court therefore set aside the original conviction and substituted it with a conviction under Part I of Schedule 2 to Act 105 of 1977, and referred the matter back for sentencing.
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