South Africa Case Law

S v Mayimele (Review) (109/2024)

S v Mayimele (Review) (109/2024) [2025] ZALMPTHC 3 (4 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

109/2024

Judges

Semenya, TC Tshidada

The magistrate failed to properly invoke section 112(1)(b) of the Criminal Procedure Act by not eliciting sufficient factual admissions from the accused to establish all elements of negligent driving. The questioning was generic and did not clarify the circumstances under which the accused drove, making it impossible to conclude that he acted without the care expected of a reasonable driver. This constitutes a material irregularity that vitiates both the conviction and sentence. Furthermore, the condition of suspension in the sentence was formulated too broadly, potentially encompassing offen…

Source excerpt

• Negligent Driving
• Criminal Procedure Act Section 112
• Conviction Irregularity
• Sentencing Conditions

Shabalala v Madikane and Another (2024/092169)

Shabalala v Madikane and Another (2024/092169) [2025] ZAGPJHC 130 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/092169

Judge

S D J Wilson

The High Court dismissed an insurer’s application to strike out a claim, finding the pleaded case suggested possible misjoinder rather than no cause of action.

• Exception Procedure
• Misjoinder
• Negligent Driving
• Insurance Liability
• Civil-procedure
• Exception

Coetzee v S - Appeal (A249/2021)

Coetzee v S - Appeal (A249/2021) [2023] ZAWCHC 273 (1 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A249/2021

Judges

Mangcu-Lockwood, P.A.L. Gamble

The High Court dismissed an appeal against a culpable homicide conviction after finding the appellant negligently drove into an intersection at night.

• Culpable Homicide
• Negligent Driving
• Appeal Procedure
• Condonation
• Standard Of Care
• Culpable-homicide

Van Tonder v S (CA&R 125/2022)

Van Tonder v S (CA&R 125/2022) [2023] ZAECMKHC 30 (14 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 125/2022

Judges

Govindjee, G Bloem

Conviction for murder, theft and negligent driving was upheld, but the High Court reduced the sentence after finding material misdirection in sentencing.

• Murder
• Theft
• Negligent Driving
• Single Witness Identification
• Admissibility Of Admissions
• Sentencing Principles

Majeng v S (47/2023)

Majeng v S (47/2023) [2023] ZAWCHC 41 (28 February 2023)

Court

Western Cape High Court, Cape Town

Case number

47/2023

Judges

Wille, Maher

The court found that the accused's plea and admissions did not unequivocally support a conviction for reckless driving, as required by law. The magistrate failed to distinguish between reckless and negligent driving, which are separate offences, and did not consider the statutory factors or lead evidence regarding licence suspension. The facts admitted by the accused supported a conviction for negligent driving, not reckless driving. The sentence imposed for reckless driving was set aside, and the court imposed a fine of R3500 for negligent driving, deeming the previously paid fine as satisfa…

Source excerpt

• Reckless Driving
• Negligent Driving
• Criminal Procedure Act
• National Road Traffic Act
• Sentencing
• Licence Suspension

S v Kotze; S v Ntulo (371/2022;363/2022)

S v Kotze; S v Ntulo (371/2022;363/2022) [2023] ZAWCHC 15; 2023 (1) SACR 426 (WCC) (25 January 2023)

Court

Western Cape High Court, Cape Town

Case number

371/2022;363/2022

Judges

Lekhuleni, Nziweni

High Court review of two magistrates’ court plea records set aside Kotze’s conviction and sentence and amended Ntulo’s conviction to negligent driving.

• Criminal Procedure Act
• National Road Traffic Act
• Plea Proceedings
• Record Keeping
• Reckless Driving
• Negligent Driving

Horn v S (A201/19)

Horn v S (A201/19) [2020] ZAGPPHC 202 (26 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

A201/19

Judges

BAM, P PHALANE

The High Court upheld an appeal against a negligent driving conviction, finding the appellant’s version reasonably possibly true and the State’s case unproven.

• Negligent Driving
• National Road Traffic Act
• Onus Of Proof
• Reasonable Person Standard
• Negligent-driving
• Criminal-appeal

S v Mohlapi (86/2019)

S v Mohlapi (86/2019) [2019] ZAGPPHC 263 (19 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

86/2019

Judges

E.M. Kubushi, N.M. Mavundla

High Court review of a conviction on alternative counts. The court confirmed culpable homicide, set aside negligent driving, and remitted the matter for sentencing.

• Duplication Of Convictions
• Culpable Homicide
• Negligent Driving
• Alternative Charges
• Criminal Procedure Act
• National Road Traffic Act

Mlawu v S (CA&R260/2016)

Mlawu v S (CA&R260/2016) [2018] ZAECGHC 39 (22 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 260/2016

Judges

G H Bloem, G G Goosen

High Court appeal dismissed. The court upheld convictions for attempted murder and negligent driving after finding the trial magistrate’s credibility findings justified.

• Attempted Murder
• Negligent Driving
• Road Traffic Offences
• Credibility Of Witnesses
• Attempted-murder
• Negligent-driving

Motinyane v S (A238/2016)

Motinyane v S (A238/2016) [2017] ZAFSHC 91 (25 May 2017)

Court

Free State High Court, Bloemfontein

Case number

A238/2016

Judges

Lekale, Naidoo

The court upheld a negligent driving conviction, finding the appellant’s conduct supported an inference of negligence and rejecting the appeal.

• Negligent Driving
• Res Ipsa Loquitur
• Burden Of Proof
• Sudden Emergency
• Magistrates Court Rules
• Negligent-driving