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South Africa decisions
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Ngcobo v S (115/2024) [2025] ZASCA 12 (12 February 2025)
The SCA upheld an appeal against an attempted murder conviction, finding no proper corroboration, material contradictions, an unfair trial, and an unsustainable rejection of the alibi.
Korver v Regional Magistrate, Specialised Crime Court, Bellville, Western Cape and Others (12891/2021) [2022] ZAWCHC 26 (4 March 2022)
The court found that the magistrate's order compelling the defence to disclose the provisional auditor's report was irregular, as the applicant was not afforded an opportunity to be heard, violating the audi alteram partem principle. However, upon examining the contents of the report and the circumstances of its disclosure, the court concluded that the irregularity did not result in irremediable prejudice to the applicant's fair trial rights. The report contained mostly information that would be available to the State and complainants in any event, and the applicant failed to demonstrate that…
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S v Mashego (R24/2021; A360/2020) [2021] ZAMPMBHC 36; 2021 (2) SACR 520 (MM) (10 August 2021)
High Court review setting aside a conviction and six-month sentence for failure to appear, due to irregular procedure, wrong statutory basis, and denied rights.
S v Sibanyoni (Rev 54/2021) [2021] ZALMPPHC 34 (20 July 2021)
The magistrate's questioning of the accused was leading and elicited admissions rather than allowing the accused to explain his conduct. The accused's explanation that he picked up the batteries from the floor and did not enter the store with the intention to steal raised a possible defence. The magistrate failed to alter the plea to not guilty as required by section 113 of the Criminal Procedure Act, thereby committing an irregularity. Furthermore, the evidence was insufficient to prove guilt beyond reasonable doubt, and the accused was not afforded a fair trial. The proceedings were not in…
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S v Mokwena and Another (36/2020; B800/2019) [2020] ZALMPPHC 38 (18 June 2020)
The High Court found that the trial magistrate's conduct during the questioning of the accused was irregular, combative, and prejudicial, amounting to cross-examination at a stage when the accused were not obliged to answer. The explanations of procedural rights, including the right to cross-examination and the right to testify in mitigation, were inadequate and irregular. The cumulative effect of these irregularities, together with the delay in forwarding the record for review, constituted a failure of justice and a breach of the accused's constitutional rights to a fair trial. Accordingly,…
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Mnapu v S (A312/2015) [2016] ZAWCHC 214 (11 November 2016)
The High Court set aside a rape conviction and sentence after finding gross trial irregularities, including inadequate legal representation and excessive judicial interference.
Davids v S (A392/2006) [2008] ZAWCHC 157 (7 March 2008)
The High Court upheld Wayne Davids’ convictions for housebreaking-related conduct and indecent assault, but reduced the overall sentence to seven years.
S v Van Vuuren (CA&R 219/04) [2005] ZANCHC 50 (9 September 2005)
The court found that although the magistrate's questioning of the appellant was persistent and at times impatient, it did not amount to a material irregularity that prejudiced the appellant or compromised the fairness of the trial. The questioning occurred after cross-examination and was intended to clarify aspects of the appellant's evidence. No new evidence was elicited, and the magistrate's summary of the facts and balanced treatment of the evidence indicated impartiality. The appellant himself did not allege prejudice in his notice of appeal. The conviction for murder and the sentence wer…
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S v Foley (269/94) [1995] ZASCA 73 (31 May 1995)
The court found the trial judge's conduct irregular but upheld the murder conviction on fresh review and set aside the rape convictions for lack of proof.
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