South Africa Case Law

Siebrits v S (A150/2023; A315/2022; 6/2022; 10/2/5/3-50/23)

Siebrits v S (A150/2023; A315/2022; 6/2022; 10/2/5/3-50/23) [2023] ZAWCHC 239 (8 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A150/2023

Judges

P. S. Van Zyl, C. M. Fortuin

The appeal was upheld because the presiding magistrate's conduct during the trial compromised the appellant's right to a fair trial. The magistrate actively cross-examined the appellant, made prejudicial remarks, and effectively took over the prosecution's role, thereby losing objectivity and impartiality. The appellant's version was consistent and corroborated by State witnesses, and the State conceded that there were no inherent improbabilities in his account. The conviction for housebreaking with intent to commit a crime unknown to the State was not proven beyond a reasonable doubt, and th…

Source excerpt

• Fair Trial Rights
• Judicial Impartiality
• Housebreaking
• Magistrate Conduct

S v Chirihoru and Others (35/2022;36/2022;37;2022;38;2022;39/2022;40/2022;41/2022;42/2022;43;2022;44/2022;45/2022;46/2022;47/2022;48/2022)

S v Chirihoru and Others (35/2022;36/2022;37;2022;38;2022;39/2022;40/2022;41/2022;42/2022;43;2022;44/2022;45/2022;46/2022;47/2022;48/2022) [2022] ZALMPPHC 40 (19 July 2022)

Court

Limpopo High Court, Polokwane

Case number

35/2022;36/2022;37;2022;38;2022;39/2022;40/2022;41/2022;42/2022;43;2022;44/2022;45/2022;46/2022;47/2022;48/2022

Judges

Kganyago, Naude-Odendaal

The court found that the accused were convicted of offences under the incorrect statute without proper amendment of the charge sheets, violating their right to a fair trial. The magistrate failed to follow the procedures set out in section 86 of the Criminal Procedure Act, resulting in convictions for non-existent offences. The striking off of certain matters from the roll was motivated by personal disagreement rather than legal grounds and constituted gross irregularity. The proceedings were not in accordance with justice and must be set aside.

Source excerpt

• Defective Charge Sheet
• Fair Trial Rights
• Amendment Of Charges
• Review Proceedings
• Magistrate Conduct

Wildridge v S (CA&R 66/2018)

Wildridge v S (CA&R 66/2018) [2018] ZAECGHC 132; 2019 (1) SACR 474 (ECG) (14 December 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 66/2018

Judges

C Plasket, N Mtshabe

The High Court set aside a negligent-driving conviction after finding that the unrepresented accused received an unfair trial due to the magistrate’s hostile conduct.

• Fair Trial Rights
• Self Representation
• Magistrate Conduct
• National Road Traffic Act
• Legal Aid
• Procedural Irregularity

Saudien v S (A105/2016)

Saudien v S (A105/2016) [2017] ZAGPJHC 53 (23 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A105/2016

Judges

D S S Moshidi, G B Rome

The High Court set aside a criminal conviction and sentence after finding serious procedural irregularities and section 112 defects that denied a fair trial.

• Fair Trial Rights
• Criminal Procedure Act Section 112
• Irregularities And Misdirections
• Plea Procedure
• Magistrate Conduct
• Criminal-procedure

De Bruin v S (CA&R135/2014)

De Bruin v S (CA&R135/2014) [2016] ZANCHC 12 (29 January 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R135/2014

Judges

Olivier J, Pakati J

The High Court set aside Gert De Bruin’s conviction and sentence on a protection-order charge, finding the complainant’s evidence unreliable and uncorroborated.

• Domestic Violence Act
• Credibility Of Witnesses
• Appeal Procedure
• Magistrate Conduct
• Criminal-appeal
• Domestic-violence

Mosia and Another v S (A178/2014)

Mosia and Another v S (A178/2014) [2014] ZAFSHC 220 (11 December 2014)

Court

Free State High Court, Bloemfontein

Case number

A178/2014

Judges

Ebrahim, Moeng

The High Court upheld a criminal appeal, setting aside convictions after finding unreliable identification evidence, an ignored alibi, and improper judicial interference.

• Identification Evidence
• Single Witness
• Alibi
• Magistrate Conduct
• Reasonable Doubt
• Criminal-appeal

S v Adams en Ander (C635/09)

S v Adams en Ander (C635/09) [2010] ZAWCHC 530 (8 November 2010)

Court

Western Cape High Court, Cape Town

Case number

C635/09

Judges

P.A.L. Gamble, A. Le Grange

On automatic review, the High Court set aside two theft convictions and sentences after finding unreliable identification, unproven ownership, and no proof of value.

• Identification Evidence
• Ownership Of Property
• Burden Of Proof
• Value Of Stolen Property
• Magistrate Conduct
• Criminal-law

Mbuyane v S (A382/09)

Mbuyane v S (A382/09) [2009] ZAGPPHC 140 (6 November 2009)

Court

North Gauteng High Court, Pretoria

Case number

A382/09

Judges

B.R. Southwood, S.S. Omar

The High Court dismissed an appeal against a rape conviction but reduced the sentence from 15 to 12 years after finding the original term excessive.

• Rape
• Minimum Sentencing
• Fair Trial Rights
• Magistrate Conduct
• Assessment Of Evidence
• Criminal-appeal

S v Mosesi (A994/2004)

S v Mosesi (A994/2004) [2009] ZAGPHC 17 (4 February 2009)

Court

High Courts - Gauteng

Case number

A994/2004

Judges

M Jajbhay, D I Berger

The High Court set aside a conviction for attempted extortion after finding that the magistrate's вмешательство in the trial created a gross irregularity and denied a fair trial.

• Fair Trial Rights
• Judicial Impartiality
• Gross Irregularity
• Extortion
• Magistrate Conduct
• Fair-trial-rights

Oppel v S (A418/2007)

Oppel v S (A418/2007) [2008] ZAWCHC 141 (15 February 2008)

Court

Western Cape High Court, Cape Town

Case number

A418/2007

Judges

Joubert, Samela

The High Court set aside a conviction after finding the magistrate’s questioning and treatment of the accused created a reasonable inference of bias and an unfair trial.

• Judicial Impartiality
• Irregularity In Proceedings
• Fair Trial Rights
• Magistrate Conduct
• Fair-trial-rights
• Judicial-impartiality