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South Africa decisions
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Makhalima v S (CA&R30/2017) [2018] ZAECGHC 27; 2018 (1) SACR 625 (ECG) (29 March 2018)
Conviction for theft set aside after the court found the magistrate’s rejection of the appellant’s explanation was speculative and the trial conduct unfair.
Smith v S (595/2012) [2013] ZASCA 38 (28 March 2013)
The Supreme Court of Appeal found that the appellant demonstrated realistic prospects of success on appeal regarding both the theft conviction and the fairness of the trial. The record revealed that the magistrate's conduct was abrasive, inappropriate, and derogatory, undermining the dignity and respect owed to all participants and raising a reasonable prospect that the trial was not fair. Additionally, the state failed to provide sufficient evidence of ownership or lawful possession of the motor vehicle by Bankfin at the relevant time, which is a necessary element for a conviction of theft.…
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S v Klaas (CA & R 69/08) [2010] ZAECGHC 56; 2011 (1) SACR 630 (ECG) (5 March 2010)
The High Court set aside assault convictions and sentences after finding that the magistrate’s remarks showed actual bias and denied the accused a fair trial.
S v Uate (A744/08) [2008] ZAGPHC 377 (11 September 2008)
The court found that the proceedings in the magistrate's court were tainted by gross irregularities, including failure to explain the accused's rights, absence of a proper plea, and lack of opportunity for the State to put the charge. Both the presiding and supervising magistrates confirmed these procedural defects. As a result, the conviction and sentence could not stand and were set aside. The conduct of the presiding magistrate warranted referral to the Magistrates Commission for further consideration.
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