South Africa Case Law

City of Cape Town v Hussain and Others (Appeal) (A268/2024)

City of Cape Town v Hussain and Others (Appeal) (A268/2024) [2025] ZAWCHC 171 (17 April 2025)

Court

Western Cape High Court, Cape Town

Case number

A268/2024

Judges

Lekhuleni, Ralarala

The court held that the postponement order issued by the magistrate is purely interlocutory and does not meet the requirements for appealability under section 83 of the Magistrates' Court Act or the Zweni test. The order does not finally determine any rights, is susceptible to variation, and does not dispose of any substantial portion of the relief claimed in the eviction application. The interests of justice do not justify entertaining an appeal against such an order, as piecemeal litigation is discouraged. The alternative argument for review was rejected as it was not properly raised and th…

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• Eviction Under Pie Act
• Appealability Of Interlocutory Orders
• Meaningful Engagement
• Section 26 Right To Housing
• Just And Equitable Eviction
• Magistrates Court Procedure

M.T v S (A148/2024)

M.T v S (A148/2024) [2024] ZAFSHC 313 (20 September 2024)

Court

Free State High Court, Bloemfontein

Case number

A148/2024

Judge

Cronje, AJ

Bail appeal in a rape matter was remitted for urgent reconsideration after the court found the record and submissions were materially incomplete.

• Bail Application
• Rape Of Minor
• Domestic Violence
• Presumption Of Innocence
• Exceptional Circumstances
• Magistrates Court Procedure

S v King (56/23)

S v King (56/23) [2024] ZAWCHC 122 (7 May 2024)

Court

Western Cape High Court, Cape Town

Case number

56/23

Judges

DM Thulare, T Dlamini - Smit

The High Court set aside a magistrate’s removal of a partly heard theft matter from the roll and remitted it to the original trial magistrate.

• Removal From Roll
• Unreasonable Delay
• Fair Trial Rights
• Acquittal Entitlement
• Magistrates Court Procedure
• Criminal-procedure

Matsi and Another v S (A155-2023)

Matsi and Another v S (A155-2023) [2024] ZAGPJHC 172 (22 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A155/2023

Judge

TP Mudau

A bail appeal was upheld after the High Court held the Regional Court proceedings a nullity for lack of written DPP authorisation.

• Bail Application
• Exceptional Circumstances
• Magistrates Court Procedure
• Onus Of Proof
• Section 60 Criminal Procedure Act
• Section 50 Criminal Procedure Act

S v Makubo (R27/2023; Ash 18/20)

S v Makubo (R27/2023; Ash 18/20) [2023] ZAFSHC 109 (11 April 2023)

Court

Free State High Court, Bloemfontein

Case number

R27/2023

Judge

Naidoo

The High Court reviewed and set aside a six-year sentence imposed under section 276(1)(i) of the Criminal Procedure Act, substituting the lawful five-year maximum.

• Sentencing Review
• Minimum Sentences Act
• Assault With Intent To Do Grievous Bodily Harm
• Correctional Supervision
• Magistrates Court Procedure
• Sentencing-review

Mabe v S (A45/2022)

Mabe v S (A45/2022) [2022] ZAFSHC 175 (20 July 2022)

Court

Free State High Court, Bloemfontein

Case number

A45/2022

Judges

Naidoo, Mhlambi

The court found that the magistrate failed to comply with the peremptory provisions of section 93ter(1) of the Magistrates’ Court Act. The accused was not afforded an opportunity to elect whether to proceed with or without assessors before pleading, and there was no record of an explanation or waiver. The fact that the issue may have been canvassed informally does not absolve the presiding officer from the statutory requirement. This omission constitutes a fatal misdirection, vitiating both the conviction and sentence. The appeal was upheld, and the conviction and sentence were set aside.

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• Murder
• Magistrates Court Procedure
• Appointment Of Assessors
• Fatal Misdirection

Swuhana v National Credit Regulator (NCT 96402/2017/59(1))

Swuhana v National Credit Regulator (NCT 96402/2017/59(1)) [2019] ZANCT 22 (13 March 2019)

Court

National Consumer Tribunal

Case number

NCT 96402/2017/59(1)

Judges

T Bailey, P Beck, A Potwana

The Tribunal set aside the deregistration of a debt counsellor, holding he was not subject to debt re-arrangement because he had withdrawn his debt review application before any court order.

• National Credit Act
• Debt Counsellor Deregistration
• Review Of Administrative Action
• Debt Rearrangement
• Magistrates Court Procedure
• Debt-counsellor-deregistration

Jacobs v S (A365/18)

Jacobs v S (A365/18) [2019] ZAWCHC 4 (11 February 2019)

Court

Western Cape High Court, Cape Town

Case number

A365/18

Judges

Henney, Nuku

The magistrate misdirected himself by relying on facts presented during mitigation of sentence that contradicted the factual matrix in the section 112(2) plea statement, which had been accepted by the prosecution. The sentencing should have been based solely on the facts admitted in the plea. The proper procedure, if contradictions arise, is for the prosecutor or court to enter a plea of not guilty under section 113 of the Criminal Procedure Act. Despite the misdirection, the seriousness of the offence and the appellant's prior conviction warranted a custodial sentence, but the sentence impos…

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• Sentencing Principles
• Section 112 Plea
• Magistrates Court Procedure
• Aggravating And Mitigating Factors

S v Madhinha (18617)

S v Madhinha (18617) [2018] ZAWCHC 172; 2019 (1) SACR 297 (WCC) (7 December 2018)

Court

Western Cape High Court, Cape Town

Case number

18617

Judges

DM Thulare, MJ Dolamo

The court held that a conviction and sentence resulting from the payment of an admission of guilt fine under section 57(6) of the Criminal Procedure Act is not a conviction as envisaged in section 271 of the Act. Such a conviction is administrative in nature, does not require proof of guilt beyond reasonable doubt, and does not result from a judicial pronouncement. The record of such a conviction is not permanent and should not be entered into the criminal record system as a previous conviction. The accused was not properly informed of his rights, did not admit guilt unequivocally, and paid t…

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• Admission Of Guilt Fine
• Criminal Record
• Magistrates Court Procedure
• Review Of Conviction

S v Jacobs, S v Swart, S v Damon, S v Jas, S v Klaasen, S v Swanepoel, S v Xhantibe (C1191-13; B927-14; 526-14; 14-17; 682-16; 1907-16; 310-17)

S v Jacobs, S v Swart, S v Damon, S v Jas, S v Klaasen, S v Swanepoel, S v Xhantibe (C1191-13; B927-14; 526-14; 14-17; 682-16; 1907-16; 310-17) [2017] ZAWCHC 82; 2017 (2) SACR 546 (WCC) (16 August 2017)

Court

Western Cape High Court, Cape Town

Case number

C1191-13; B927-14; 526-14; 14-17; 682-16; 1907-16; 310-17

Judges

Sher AJ, Henney J

The High Court found that endemic delays in forwarding records for automatic review from outlying magistrates' courts in the Western Cape constitute gross irregularities and failures of justice, especially where accused have already served sentences or lost the opportunity for meaningful review. The Court held that such delays infringe the constitutional right to a fair trial and review, and that mere administrative explanations do not suffice where prejudice is manifest. In S v Swart, the conviction was quashed due to unsound identification evidence and prejudicial delay. In S v Jacobs and S…

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• Automatic Review
• Unreasonable Delay
• Right To Fair Trial
• Failure Of Justice
• Magistrates Court Procedure
• Judicial Administration