South Africa Case Law

S v Stuurman; S v Khonze (22/2021)

S v Stuurman; S v Khonze (22/2021) [2021] ZAWCHC 159; 2021 (2) SACR 559 (WCC) (18 August 2021)

Court

Western Cape High Court, Cape Town

Case number

22/2021

Judges

M Pangarker, L Bozalek

The High Court held that where a regional magistrate who commenced criminal proceedings becomes unavailable due to appointment as a Judge, their jurisdiction in the matter ends and the proceedings are abortive and a nullity. There is no need for the High Court to set aside such proceedings; new proceedings may commence de novo before another regional magistrate. Section 304A of the Criminal Procedure Act does not apply as there was no conviction in either matter. The authorities cited confirm that the nullity arises ex lege and the High Court's intervention is unnecessary unless grave injusti…

Source excerpt

• Jurisdiction Of Magistrate
• Nullity Of Proceedings
• Section 304a Review
• Section 77 Enquiry
• Unavailability Of Presiding Officer

S v Thobalo (SHW25/2013)

S v Thobalo (SHW25/2013) [2015] ZAFSHC 191 (8 October 2015)

Court

Free State High Court, Bloemfontein

Case number

SHW25/2013

Judges

Moloi, Mocumie

The court held that proceedings before a retired magistrate were abortive and a nullity, so no formal setting aside was needed and the trial could restart de novo.

• Criminal Procedure Act Section 304a
• Nullity Of Proceedings
• Jurisdiction Of Magistrate
• De Novo Trial
• Criminal-procedure-act-section-304a
• Nullity-of-proceedings

Minister of Correctional Services and Another v Johnson and Others (16515/2012)

Minister of Correctional Services and Another v Johnson and Others (16515/2012) [2013] ZAGPPHC 152; 2013 (2) SACR 565 (GNP) (12 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

16515/2012

Judges

H J Fabricius, E M Makgoba, W Hughes

A Full Bench held that a magistrate lacked jurisdiction to convert prison sentences to correctional supervision because release was more than five years away.

• Jurisdiction Of Magistrate
• Conversion Of Sentence
• Correctional Supervision
• Principle Of Legality
• Interpretation Of Statute
• Criminal-procedure-act

S v Pretorius (A112/09, D26/912/2009, H79/C&, 1439)

S v Pretorius (A112/09, D26/912/2009, H79/C&, 1439) [2009] ZAECPEHC 56 (8 December 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

A112/09

Judges

Botha, CJ Eksteen

The High Court confirmed a robbery conviction and sentence, but set aside a magistrate’s irregular attempt to further suspend an older suspended sentence.

• Sentencing Procedure
• Jurisdiction Of Magistrate
• Suspended Sentence
• Concurrent Sentences
• Sentencing-procedure
• Magistrates-court-jurisdiction

S v Mlotshwa (A972/2007)

S v Mlotshwa (A972/2007) [2009] ZAGPPHC 64 (4 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

A972/2007

Judges

Webster, Phatudi

The High Court dismissed an appeal against extradition to Botswana, upholding the transfer of proceedings, document authentication, and the extradition order.

• Extradition Act
• Jurisdiction Of Magistrate
• Authentication Of Documents
• Corporal Punishment
• Human Rights Protection
• Extradition

S v Phakwe (38/06)

S v Phakwe (38/06) [2006] ZANWHC 29 (4 May 2006)

Court

North West High Court, Mafikeng

Case number

38/06

Judges

R D Hendricks, Samkelo Gura

The court found that the identity of the accused was proven beyond reasonable doubt and that the Magistrate's reasoning on this point was sound. However, the Magistrate made a clerical error by imposing a sentence of twelve years instead of twelve months imprisonment. The court further held that even twelve months imprisonment was inappropriate given the accused's personal circumstances, including gainful employment and first offender status. The Magistrate failed to consider the option of a fine, which was warranted under the circumstances. The conviction was confirmed, but the sentence was…

Source excerpt

• Identity Of Accused
• Jurisdiction Of Magistrate
• Sentencing Discretion
• Mitigation Of Sentence

De Lange v Clerk of the Magistrate's Court, Port Elizabeth and Others (ECJ 015/2005)

De Lange v Clerk of the Magistrate's Court, Port Elizabeth and Others (ECJ 015/2005) [2005] ZAECHC 8; 2005 (2) SACR 300 (C) (25 February 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 015/2005

Judge

Erasmus

High Court refused interim relief to delay imprisonment; it held section 299 limited commitment to prisons within the magisterial district.

• Warrant Of Imprisonment
• Jurisdiction Of Magistrate
• Interim Interdict
• Constitutional Challenge
• Review Proceedings
• Criminal-procedure-act

Van Heerden and Another v Joubert NO and Others (577/92)

Van Heerden and Another v Joubert NO and Others (577/92) [1994] ZASCA 101; 1994 (4) SA 793 (AD); [1994] 2 All SA 468 (A) (19 August 1994)

Court

Supreme Court of Appeal

Case number

577/92

Judges

F H Grosskopf, Hefer, Harms, Nicholas, Mahomed

The court held that the Inquest Act does not cover a stillborn child, so the magistrate lacked jurisdiction to continue the inquest.

• Inquest Act Interpretation
• Jurisdiction Of Magistrate
• Definition Of Person
• Stillbirth And Legal Personality
• Inquest-act
• Statutory-interpretation