South Africa Case Law

A.P and Another v Cohen and Others (Appeal) (A 216/2024 ; 21188/2023)

A.P and Another v Cohen and Others (Appeal) (A 216/2024 ; 21188/2023) [2025] ZAWCHC 66 (24 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A216/2024 ; 21188/2023

Judges

Erasmus, Lekhuleni, Bhoopchand

The appeal succeeded on the grounds that the court a quo failed to comply with its obligations under PIE by not adequately investigating the Appellants’ personal circumstances, the risk of homelessness, and the interests of the minor children. The court a quo did not obtain sufficient information from the parties or the City to determine whether the eviction order would be just and equitable. The absence of a City report and failure to facilitate completion of the housing questionnaire meant the court was not fully informed. The court also failed to inquire into the children’s circumstances a…

Source excerpt

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Children Rights In Eviction
• Municipal Obligations
• Unopposed Motion Procedure
• Legal Representation Rights

S v Matu (CA&R 8/11)

S v Matu (CA&R 8/11) [2011] ZAECBHC 3; 2012 (1) SACR 68 (ECB) (24 March 2011)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 8/11

Judges

B C Hartle, Y Ebrahim

On special review, the High Court set aside a magistrate’s mental-capacity detention order and remitted the matter for a fresh enquiry with legal representation.

• Mental Health And Criminal Capacity
• Section 77 And 79 Enquiry
• Legal Representation Rights
• Serious Violence
• Procedure For State Patients
• Criminal-procedure

S v Makondo (A398/2009)

S v Makondo (A398/2009) [2009] ZAGPPHC 245 (15 May 2009)

Court

North Gauteng High Court, Pretoria

Case number

A398/2009

Judges

M F Legodi, WL Seriti

High Court review of a magistrate’s conviction and sentence for assault with intent to do grievous bodily harm; conviction confirmed, sentence reduced by suspension.

• Assault With Intent To Do Grievous Bodily Harm
• Suspension Of Sentence
• Legal Representation Rights
• Criminal-law
• Assault-with-intent-to-do-grievous-bodily-harm
• Sentence-suspension

S v Sikhipha (262/05)

S v Sikhipha (262/05) [2006] ZASCA 73; 2006 (2) SACR 439 (SCA) (30 May 2006)

Court

Supreme Court of Appeal

Case number

262/05

Judges

Scott, Lewis, Van Heerden

The Supreme Court of Appeal dismissed the conviction appeal in a rape case, but set aside life imprisonment and substituted 20 years’ imprisonment.

• Rape Of A Minor
• Sentencing Guidelines
• Trial Irregularities
• Legal Representation Rights
• Criminal-law
• Rape-of-a-minor

S v Van Der Fort (559/91)

S v Van Der Fort (559/91) [1993] ZASCA 51 (31 March 1993)

Court

Supreme Court of Appeal

Case number

559/91

Judges

Hoexter, Milne, Kriegler

The Appellate Division dismissed an appeal against sentence for rape and indecent assault, finding the sentence appropriate and no unfairness in the trial.

• Rape
• Indecent Assault
• Sentencing
• Consent In Sexual Offences
• Correctional Supervision
• Legal Representation Rights