South Africa Case Law

S.A.P v S (Bail Appeal) (CAB 05/2025)

S.A.P v S (Bail Appeal) (CAB 05/2025) [2025] ZANWHC 92 (2 June 2025)

Court

North West High Court, Mafikeng

Case number

CAB 05/2025

Judge

A. Reddy

The court found that while the appellant introduced new facts in his supplementary affidavit, these facts were not sufficiently compelling to alter the balance of the interests of justice in his favour. The seriousness of the offence, the domestic violence context, and the risk to the complainant remained paramount. The magistrate correctly applied the statutory framework under section 60(11)(c) and section 60(4) of the Criminal Procedure Act, and did not exercise her discretion wrongly. The appellant failed to discharge the onus of showing that the interests of justice permitted his release…

Source excerpt

• Bail Application
• Domestic Violence
• Interests Of Justice
• New Facts In Bail
• Criminal Procedure Act
• Plea And Sentence Agreement

Zhang v S (Bail Appeal) (A257/2024)

Zhang v S (Bail Appeal) (A257/2024) [2024] ZAWCHC 421 (12 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A257/2024

Judge

M Sher

The High Court dismissed a bail appeal by a serial abalone offender, upheld bail cancellation, and referred prosecutorial conduct and a prior sentence re-suspension for investigation.

• Bail Cancellation
• Serial Offending
• Marine Living Resources Act
• Plea And Sentence Agreement
• Immigration Status
• Suspended Sentence

S v Matthews (Special Review) (GSH581/2023)

S v Matthews (Special Review) (GSH581/2023) [2024] ZAWCHC 418; 2025 (1) SACR 431 (WCC) (11 December 2024)

Court

Western Cape High Court, Cape Town

Case number

GSH581/2023

Judges

R.C.A. Henney, A. Le Grange

The High Court set aside a magistrate’s sentence on special review because a suspended sentence omitted the period of suspension in a plea agreement.

• Plea And Sentence Agreement
• Suspended Sentence
• Sentencing Irregularity
• Section 105a Cpa
• Section 304 Cpa
• Plea-and-sentence-agreement

S v Shezi (SS76/2023)

S v Shezi (SS76/2023) [2024] ZAGPJHC 839 (26 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS76/2023

Judge

Mdalana-Mayisela

The High Court convicted the accused on plea and sentence agreement for murder, robbery with aggravating circumstances, and firearm offences, imposing an effective 20-year sentence.

• Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Minimum Sentencing
• Plea And Sentence Agreement

S v Kgwedi (SS67/2023)

S v Kgwedi (SS67/2023) [2024] ZAGPJHC 511 (14 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS67/2023

Judge

Mabesele

The High Court set aside guilty pleas to murder, attempted murder and kidnapping, convicting the accused only of defeating the ends of justice and imposing an effective 7-year sentence.

• Defeating The Ends Of Justice
• Plea And Sentence Agreement
• Accessory Liability
• Fair Trial Rights
• Defeating-the-ends-of-justice
• Plea-agreement

Van Vuuren v S (Leave to Appeal) (K/S3/2021)

Van Vuuren v S (Leave to Appeal) (K/S3/2021) [2024] ZANCHC 72 (3 May 2024)

Court

Northern Cape High Court, Kimberley

Case number

K/S3/2021

Judge

Mamosebo

The High Court dismissed Jacques van Vuuren’s application for leave to appeal against conviction and sentence, finding no reasonable prospects of success.

• Plea And Sentence Agreement
• Leave To Appeal
• Condonation
• Reasonable Prospects Of Success
• Criminal-law
• Leave-to-appeal

S v H.L and Others (445/2023)

S v H.L and Others (445/2023) [2024] ZAWCHC 66 (4 March 2024)

Court

Western Cape High Court, Cape Town

Case number

445/2023

Judges

Lekhuleni JD, Nziweni CN

The sentences imposed by the trial court on the three child offenders were incompetent and void because they failed to comply with the requirements of section 75 of the Child Justice Act read with section 276(1)(h) of the Criminal Procedure Act. Specifically, the sentences did not include any expressed conditions or refer to recommended rehabilitative programmes, defeating the objectives of correctional supervision. The trial court erred by acting as a mere rubber stamp for the plea and sentence agreements without ensuring legal competence and alignment with constitutional standards. Furtherm…

Source excerpt

• Child Justice Act
• Correctional Supervision
• Plea And Sentence Agreement
• Delay In Criminal Proceedings
• Best Interests Of Child

S v Nwodo (R41/2023)

S v Nwodo (R41/2023) [2023] ZAFSHC 407 (20 October 2023)

Court

Free State High Court, Bloemfontein

Case number

R41/2023

Judges

Opperman, Hefer

The High Court confirmed the conviction of Kenneth Chukwuebuka Nwodo but corrected a sentencing error caused by a mistaken reference to a repealed provision.

• Drugs And Drug Trafficking
• Plea And Sentence Agreement
• Suspended Sentence
• Correction Of Sentence
• Criminal-law
• Drug-offences

S v Pokola (Special Review) (CA&R 38/2023)

S v Pokola (Special Review) (CA&R 38/2023) [2023] ZANCHC 63; 2023 (2) SACR 643 (NCK) (24 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 38/2023

Judges

Mamosebo, Stanton

High Court review of a magistrate’s departure from a plea and sentence agreement under section 105A of the CPA, resulting in the conviction and sentence being set aside.

• Plea And Sentence Agreement
• Criminal Procedure Act Section 105a
• Fraud
• Immigration Act Offence
• Review Of Magistrate Decision
• Criminal-procedure

Assegai v S (K/S 7/2020)

Assegai v S (K/S 7/2020) [2023] ZANCHC 2 (20 January 2023)

Court

Northern Cape High Court, Kimberley

Case number

K/S 7/2020

Judges

Williams, Lever, Moses

The trial court failed to comply with the mandatory procedure under section 105A of the Criminal Procedure Act by convicting the appellant before considering the agreed sentence and by not affording the parties an opportunity to withdraw from the agreement when it intended to impose a different sentence. Both parties agreed that this constituted a fatal irregularity. The appellate court distinguished the present case from S v DJ, as the appellant had confirmed all requirements under section 105A(6)(a) and expressly wished to implement the plea and sentencing agreement. The court assessed whet…

Source excerpt

• Plea And Sentence Agreement
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Section 105a Criminal Procedure Act
• Proportionality In Sentencing