South Africa Case Law

Uchechukwu v Govuza and Another (3728/2023)

Uchechukwu v Govuza and Another (3728/2023) [2024] ZAECMKHC 22; 2024 (2) SACR 51 (ECMk) (20 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3728/2023

Judges

T.V Norman, V. Noncembu

The court found that the oral plea and sentence agreement between the applicant and the State was invalid as it was not in writing, not authorised by the Director of Public Prosecutions, and not disclosed to the court prior to the plea, in contravention of section 105A of the Criminal Procedure Act. The applicant's legal representative was unfamiliar with the statutory requirements and misled the applicant into believing the agreement was binding, resulting in an uninformed guilty plea. Furthermore, the applicant did not admit all elements of the offence, specifically that 'Tik' is a dangerou…

Source excerpt

• Plea And Sentence Agreements
• Section 105a Criminal Procedure Act
• Fair Trial Rights
• Conviction And Sentence Review
• Legal Representative Incompetence

B.J.G v S (A652/13)

B.J.G v S (A652/13) [2014] ZAGPPHC 460 (17 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A652/13

Judges

Makhoba, Kollapen

Appeal against a maintenance conviction dismissed. The court held that counsel’s poor performance, the lack of a maintenance enquiry, and the magistrate’s questioning did not show unfairness.

• Maintenance Act Offence
• Fair Trial Rights
• Legal Representative Incompetence
• Judicial Conduct
• Maintenance Enquiry
• Maintenance-act