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South Africa decisions
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S v Ramantshane (R12/2024) [2024] ZAFSHC 126 (9 May 2024)
Special review of a guilty plea for driving under the influence. The High Court set aside the conviction and sentence for incomplete admissions and procedural irregularities.
Majeng v S (47/2023) [2023] ZAWCHC 41 (28 February 2023)
The court found that the accused's plea and admissions did not unequivocally support a conviction for reckless driving, as required by law. The magistrate failed to distinguish between reckless and negligent driving, which are separate offences, and did not consider the statutory factors or lead evidence regarding licence suspension. The facts admitted by the accused supported a conviction for negligent driving, not reckless driving. The sentence imposed for reckless driving was set aside, and the court imposed a fine of R3500 for negligent driving, deeming the previously paid fine as satisfa…
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Van Rensburg v S (CA&R290/2015) [2016] ZAECGHC 9 (10 March 2016)
The High Court set aside a three-month licence suspension imposed after a speeding conviction, finding the statutory threshold for suspension was not met.
S v Mjandana (2012000349) [2013] ZAECGHC 58 (1 January 2013)
The magistrate erred in treating the accused's conviction as a 'second offence' under section 35(1) of the National Road Traffic Act 93 of 1996. The correct interpretation, as established in S v Van Rooyen, is that only convictions for offences specifically mentioned in subsection (1) count towards the sequence of offences for suspension purposes. The accused's current conviction is a 'first offence' for the purposes of section 35(1), and the suspension period of 8 months imposed by the magistrate was therefore incorrect. Taking into account the accused's personal circumstances, including his…
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S v Hogg (R440/2012) [2012] ZAKZPHC 39 (26 June 2012)
The High Court reviewed and set aside a magistrate’s conviction and sentence for drunk driving after finding key admissions and mandatory licence-enquiry omissions.
S v Ngqabuko (20110145) [2011] ZAECGHC 68; 2013 (1) SACR 275 (ECG) (24 November 2011)
On automatic review, the High Court confirmed a drunk-driving conviction and sentence, but set aside a magistrate’s order excusing licence suspension because no evidence was given under oath.
S v Vekeni (CA & R 248/2011) [2011] ZAECGHC 56; 2012 (1) SACR 458 (ECG) (21 September 2011)
High Court review confirming a drink-driving conviction and sentence, but setting aside a licence disqualification order for failure to properly apply section 35 of the Act.
Le Riche v S (A316/2010) [2010] ZAWCHC 342 (3 December 2010)
Appeal against a drunk-driving conviction, sentence and six-month licence suspension dismissed. The High Court found the trial court’s findings and discretion were sound.
S v Sefara (55/05) [2005] ZANWHC 42 (2 June 2005)
Review of a reckless-driving sentence and licence suspension. The High Court reduced the prison term and shortened the licence suspension after finding misdirection and disproportionality.
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