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South Africa Case Law

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Family And Children [2014] ZAGPPHC 460

B.J.G v S (A652/13)

B.J.G v S (A652/13) [2014] ZAGPPHC 460 (17 April 2014)

Appeal against a maintenance conviction dismissed. The court held that counsel’s poor performance, the lack of a maintenance enquiry, and the magistrate’s questioning did not show unfairness.

  • Maintenance Act Offence
  • Fair Trial Rights
  • Legal Representative Incompetence
  • Judicial Conduct
  • Maintenance Enquiry
  • Maintenance-act
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Criminal Law [2012] ZANCHC 38

S v Petersen (29/2012)

S v Petersen (29/2012) [2012] ZANCHC 38 (8 June 2012)

Special review of a maintenance conviction: the court set aside the guilty finding and sentence, and ordered a de novo hearing before a different magistrate.

  • Maintenance Act Offence
  • Criminal Procedure Review
  • Conviction And Sentence Setting Aside
  • Maintenance-act
  • Criminal-procedure-review
  • Guilty-plea-procedure
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Criminal Law [2006] ZANCHC 94

S v Maditlhaba (84/06)

S v Maditlhaba (84/06) [2006] ZANCHC 94 (2 June 2006)

On special review, the High Court set aside a maintenance conviction after finding doubt whether the unrepresented accused understood his rights and choice to remain silent.

  • Maintenance Act Offence
  • Procedural Irregularity
  • Accused Rights Explanation
  • Criminal-review
  • Maintenance-act
  • Accused-rights
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Criminal Law [2001] ZANCHC 11

S v Khubeka (364/2001)

S v Khubeka (364/2001) [2001] ZANCHC 11 (15 May 2001)

Special review of a maintenance conviction and sentence imposed on a wrongly calculated arrears amount; both were set aside and the matter remitted for fresh plea proceedings.

  • Maintenance Act Offence
  • Incorrect Calculation Of Arrears
  • Review Proceedings
  • Sentencing Error
  • Maintenance-law
  • Criminal-review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.