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South Africa decisions
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Mosiane v S (Appeal) (CA45/2024) [2025] ZANWHC 91 (29 May 2025)
The High Court upheld an appeal against murder conviction and sentence after finding the regional court was not properly constituted under section 93ter.
Ntuli v S (A307/2023) [2024] ZAGPPHC 1064 (11 October 2024)
The court held that the failure of the trial court to enquire about the use of assessors did not vitiate the proceedings, as the handing in of a section 112(2) statement does not amount to the leading of evidence as contemplated by section 93ter(1) of the Magistrates Court Act. The appellant was legally represented, and the factual matrix was accepted by the State without contradiction. The trial court properly considered the appellant's personal circumstances, the context of the offence, and the absence of aggravating evidence. The deviation from the prescribed minimum sentence was justified…
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Oosthuizen and Another v S (Appeal) (CA&R 248/2021 ; CA&R 45/2023) [2024] ZAECMKHC 101; 2024 (2) SACR 600 (ECMk) (19 September 2024)
The High Court held that the directive by the Heads of Courts, adopted in March 2017, requiring English as the language of record is binding on all courts, including Magistrates' Courts, in the absence of an executive policy to the contrary. The failure to ensure that the record is translated into English constitutes a procedural irregularity that undermines the right to a fair trial and impedes the appeal process. The responsibility for ensuring a complete and translated record rests with the appellant or their attorney, as provided by Rule 49A(4) of the Uniform Rules of Court. The court emp…
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Kotelo v S (REV/57/2024) [2024] ZALMPPHC 93; 2024 (2) SACR 564 (LP) (12 August 2024)
The court held that a partly heard criminal trial before an Acting Magistrate should not be declared a nullity merely because the acting term expired.
Skiti v Skiti and Others (CA1/2023) [2024] ZAECBHC 17 (9 July 2024)
The court held that the appellant failed to meet the requirements of section 47(1) of the Magistrates’ Court Act 32 of 1944, as he did not file a counterclaim or claim in reconvention in the Magistrates’ Court. His answering affidavit and application to stay the eviction proceedings contained only unsubstantiated allegations and speculation, without any formal counterapplication or sufficient factual basis to demonstrate a prima facie reasonable prospect of success in the intended High Court proceedings. The Magistrates’ Court therefore lacked the jurisdiction to stay the eviction proceedings…
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Nyeufane v Minister of Police (1052/2024) [2024] ZANWHC 78 (14 March 2024)
The High Court removed a special review from the roll and sent the matter back to the regional court, holding the reference was procedurally incompetent.
BG Bojosinyane and Associates v The Sheriff Vryburg and Another (1072/2022) [2023] ZASCA 174 (8 December 2023)
The Supreme Court of Appeal held that a sheriff may not demand upfront payment for anticipated fees before serving process, absent magistrate authorisation.
E.M v A.T.M (37007/2022) [2023] ZAGPPHC 1924 (16 November 2023)
The High Court found that it had jurisdiction to hear the application, rejecting the Respondent's arguments that the matter should have been brought in the Johannesburg Division or the Regional Court, Benoni. The Court held that the writ of execution issued by the Regional Court was unlawful because the debt claimed was not owed to the Respondent but to her mother, Ms V V Bambisa, as per the settlement agreement incorporated in the divorce decree. Furthermore, the writ was issued without a specific court order for the amount claimed, and the requirements of Section 63 of the Magistrate's Cour…
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Jomane Eiendomme (Pty) Ltd v Van Zyl N.O and Another (M348/2020) [2023] ZANWHC 92 (22 June 2023)
The High Court held that the rescission order granted in terms of Section 58 of the Magistrates' Court Act did not bring the matter to finality and was not dispositive of the dispute between the parties. The Magistrate did not act ultra vires or functus officio by ordering the filing of a declaration, as Rule 49(1) of the Magistrates' Court Rules allows the court to rescind a judgment 'on such terms as it deems fit.' The order for the respondent to file a declaration was a procedural directive to facilitate the continuation of the litigation and ensure that the dispute could be ventilated at…
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Mabaso v S (AR77/2022) [2023] ZAKZPHC 14; 2023 (2) SACR 217 (KZP) (3 February 2023)
The High Court set aside a murder conviction because the record did not show a proper, informed waiver of assessors under section 93ter.
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