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Shingwenyana v Minister of Justice and Correctional Services and Others (4805/2020) [2024] ZALMPPHC 3 (15 January 2024)
The High Court dismissed an application for condonation for late notice under section 3 of Act 40 of 2002, finding no good cause for the delay.
Motshegwa v S (A18/2012) [2019] ZAGPPHC 435 (3 September 2019)
The High Court dismissed an appeal against a rape conviction, finding the child complainant credible, corroborated by other witnesses, and the alibi false.
Knight v S (A731/2016) [2017] ZAGPPHC 455; 2017 (2) SACR 583 (GP) (31 July 2017)
The trial court failed to comply with the mandatory provisions of section 105A(8) of the Criminal Procedure Act by not pronouncing a conviction prior to sentencing the appellant. Additionally, there was no proof provided that the prosecutor was authorised by the National Director of Public Prosecutions to enter into the plea and sentencing agreement, nor was such authorisation mentioned during the proceedings. These omissions constitute fatal irregularities, rendering the conviction and sentence invalid. The record does not reflect a proper conviction, and the respondent's attempt to rely on…
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Nakedi v S (HC12/2012) [2014] ZANWHC 69 (5 September 2014)
The court granted condonation and leave to appeal in a child justice matter, noting that later legislation had changed the law on automatic review.
N v S (HC12/2012) [2014] ZALCC 16 (5 September 2014)
The court found that the legal position regarding automatic review of sentences imposed on children has been clarified by the Judicial Matters Amendment Act, which amended section 85 of the Child Justice Act to require automatic review regardless of legal representation. Although the amendment is not retrospective, the existence of conflicting judgments and the need to align practice with the amended law constitute compelling reasons to grant leave to appeal. The court also acknowledged concerns about the suitability of the designated youth care facility but held that this issue was not addre…
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