South Africa Case Law

S v Afrikaner (36/24)

S v Afrikaner (36/24) [2024] ZAWCHC 174 (19 June 2024)

Court

Western Cape High Court, Cape Town

Case number

36/24

Judges

M Sher, R Henney

The review court found that the trial in the magistrate's court was marred by numerous and egregious procedural irregularities. The magistrate failed to follow the prescribed procedures for plea-taking and questioning under sections 112 and 115 of the Criminal Procedure Act, allowed inadmissible hearsay evidence without corroboration, and repeatedly required the accused to plead and answer questions on charges already addressed. The main count of the second charge was defective, referencing minimum sentence provisions that did not apply to the facts, and the magistrate's court lacked jurisdic…

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• Domestic Violence Act
• Fair Trial Rights
• Hearsay Evidence
• Minimum Sentence Provisions
• Magistrates Court Jurisdiction

Ligunya v S (A150/2022)

Ligunya v S (A150/2022) [2023] ZAGPJHC 1287 (17 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A150/2022

Judges

Karam, Thupaatlase

The court found that the sentencing magistrate was not made aware that the appellant was serving an 8-year sentence for attempted murder at the time of sentencing due to an incomplete SAP 69 and inadequate consultation by the appellant's legal representative. This omission constituted a misdirection, entitling the appellate court to interfere with the sentence. However, given the appellant's multiple previous convictions, including robbery and unlawful possession of a firearm, and the lack of deterrent effect from prior sentences, the court held that only part of the sentence should run concu…

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• Minimum Sentence Provisions
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Concurrent Sentences
• Sentencing Irregularity

Moyakhe v S (CA&R15/2021)

Moyakhe v S (CA&R15/2021) [2021] ZAECGHC 108 (25 November 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R15/2021

Judges

M Beneke, S Rugunanan

The High Court found that the trial court failed to properly question the appellant on the nature and extent of the injuries suffered by the complainant prior to conviction, as required to activate the minimum sentence provisions under section 51(1) of Act 105 of 1997. The appellant's written statement and plea did not admit the factual basis for grievous bodily harm, and the medical evidence was only submitted after conviction. This procedural irregularity amounted to a failure of justice, as the facts activating the minimum sentence were not proved beyond a reasonable doubt prior to convict…

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• Minimum Sentence Provisions
• Section 112 Procedure
• Rape
• Judicial Questioning
• Conviction Irregularity

Davids v S (A154/2018)

Davids v S (A154/2018) [2018] ZAWCHC 161; 2019 (1) SACR 257 (WCC) (27 November 2018)

Court

Western Cape High Court, Cape Town

Case number

A154/2018

Judges

Wille, Slingers

The High Court set aside a conviction and sentences after finding the admitted facts did not establish aggravating circumstances for robbery.

• Minimum Sentence Provisions
• Aggravating Circumstances
• Duplication Of Punishment
• Housebreaking
• Robbery
• Aggravating-circumstances

S v Kali

S v Kali [2010] ZAECGHC 113 (25 November 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA & R 212/2010

Judges

Chetty, Conjwa

The court found that the prescribed minimum sentence of 15 years imprisonment for both robbery with aggravating circumstances and unlawful possession of a semi-automatic firearm was manifestly unjust and disproportionate given the appellant's youth, first offender status, and the factual background of the offences. The appellant's acquisition of the firearm was accidental, the robbery was spontaneous, and there was no evidence of serious harm to the victim. The magistrate erred in failing to give sufficient weight to these mitigating circumstances. Consequently, the sentences were set aside a…

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• Minimum Sentence Provisions
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Sentencing Disproportionality