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South Africa decisions
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Mokoena v S (A117/2016) [2024] ZAGPPHC 52 (8 January 2024)
The High Court upheld the criminal appeal, set aside the conviction and sentence, and held that the State had not proved guilt beyond reasonable doubt.
Songo v Minister of Police and Others (63867/2017) [2023] ZAGPPHC 1956 (24 November 2023)
The court held that the plaintiff's claim for damages following the overturning of his conviction does not fall under the Implementation Act or the Rome Statute, as these instruments apply only to convictions by the International Criminal Court. The plaintiff conceded that he could not rely on wrongful arrest, detention, or malicious prosecution, and did not meet the requirements for delictual liability. The court found that the circumstances of the case were not exceptional and did not constitute a material miscarriage of justice, as the plaintiff was not completely dissociated from the crim…
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S v Tazira and Others - Review (REV130/23) [2023] ZALMPPHC 97 (16 October 2023)
The High Court found that the Magistrate failed to comply with the mandatory requirements of Section 105 of the Criminal Procedure Act by not ensuring that each Respondent pleaded to the charges against them. The Magistrate also failed to inform the Respondents of their constitutional rights regarding appeals and reviews, and did not properly apply the procedure for confirming guilty pleas under Section 112(1)(b). These procedural failures resulted in a miscarriage of justice and vitiated the Respondents' right to a fair trial. The convictions and sentences imposed were therefore invalid and…
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Knight v S (A731/2016) [2022] ZAGPPHC 553; 2022 (2) SACR 431 (GP) (2 August 2022)
The court found that the trial court misdirected itself by admitting the Pre-Sentence Report and the evidence of the Probation Officer, as the report was compiled using information from an abandoned Plea and Sentence Agreement and before the appellant was convicted. Section 105A(10) of the Criminal Procedure Act prohibits the use of such information unless the accused consents, which did not occur in this case. The admission of the report and related evidence violated the appellant's constitutional rights to a fair trial and rendered the sentencing process flawed and tainted, amounting to a m…
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Botha v S (A31/2020) [2020] ZAFSHC 256 (18 September 2020)
The court found that the magistrate's conduct during the appellant's testimony went beyond permissible clarification and amounted to a descent into the arena, resulting in intimidation and unfairness. The magistrate's extensive and incoherent questioning compromised the appellant's ability to respond and undermined the impartiality required of a judicial officer. Applying the principles from S v Rall and subsequent cases, the court held that these irregularities constituted a miscarriage of justice, vitiating the proceedings. The respondent conceded that the conviction and sentence could not…
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S v Tsotetsi (R40/2020) [2020] ZAFSHC 69 (26 March 2020)
On special review, the High Court set aside criminal proceedings after finding inadequate interpretation caused a language barrier and undermined trial fairness.
Moloi and Others v S (A25/2018) [2019] ZAGPPHC 321 (17 April 2019)
The court found that the trial court misdirected itself by refusing to grant a postponement to allow the appellants to secure legal representation, despite clear indications that their lawyer was unavailable due to non-payment and that alternative arrangements could have been made. The learned Regional Magistrate over-emphasized administrative guidelines at the expense of dispensing justice and failed to properly exercise discretion. The appellants were prejudiced by being forced to proceed unrepresented in a serious criminal matter, which amounted to a fatal irregularity and a failure of jus…
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Barendse v Mossel Bay Municipality and Another (C465/2016) [2017] ZALCCT 50 (18 October 2017)
The Labour Court granted condonation for a statement of claim filed six days late, holding that the Protected Disclosures Act merits should be decided at trial.
S v Hlophe (A775/6) [2016] ZAGPPHC 989 (7 November 2016)
Automatic review of a guilty plea conviction was set aside after the magistrate failed to align the charge, questioning, and recorded conviction.
Mngeni v S (CA&R 2/13) [2015] ZAECBHC 10 (15 May 2015)
The High Court upheld a rape conviction appeal, finding the trial was unfair and the conviction unsafe because key witnesses were not called and evidence issues were not properly addressed.
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