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South Africa decisions
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S v Ngcobo (R278/2023) [2023] ZAKZPHC 120; 2024 (2) SACR 34 (KZP) (20 October 2023)
Special review of a plea-agreement conviction was upheld because statutory requirements under s 105A were not properly met.
S v Roberto In re S v Cumbe (RC07/2021-RC08/2021) [2022] ZAFSHC 133; 2022 (2) SACR 442 (FB) (9 June 2022)
High Court review of two guilty pleas and sentences for motor vehicle theft. The court set aside unlawful sentences imposed under section 276(1)(i) and ordered a trial de novo.
Rinsa (Pty) Ltd t/a Ultra City Middleburg v National Union of Metalworkers of South Africa and Others (JR545/15) [2018] ZALCJHB 402 (5 December 2018)
The court found that the commissioner did not misconceive the nature of the enquiry and that the arbitration award fell within the band of reasonable outcomes. The evidence against Mr Msiza was unreliable, as it depended solely on Ms Mnguni's self-serving testimony, and the video footage did not show Mr Msiza participating in the fraudulent transaction. The employer's decision to pardon Ms Mnguni, the main perpetrator, while dismissing Mr Msiza, demonstrated an imbalance in culpability and undermined the assertion that trust was irreparably broken. The commissioner was correct to treat Ms Mng…
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Van Heerden v Regional Court Magistrate, Paarl and Others (883/2015) [2016] ZASCA 137 (29 September 2016)
The Supreme Court of Appeal held that the appellant failed to establish on the papers that an informal plea agreement existed between his legal team and the State. The factual disputes between the parties could not be resolved on the affidavits, and the State's version was not so implausible or far-fetched as to be rejected without oral evidence. The appellant's counsel did not object or invoke s 113 of the Criminal Procedure Act when the prosecutor argued for a custodial sentence, nor did he inform the magistrate of any alleged agreement. The appellant's decision to plead guilty was an infor…
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S v Bayat (2013/08/05) [2013] ZAGPPHC 344 (21 November 2013)
The High Court set aside Ayesha Bayat’s conviction after finding serious unresolved irregularities around a disputed guilty plea and the magistrate’s conduct.
Gafoor v S (SS35/05) [2009] ZAWCHC 192 (23 September 2009)
The High Court refused leave to appeal against convictions and sentences, finding no reasonable prospect that another court would differ on the evidence or sentence.
S v Saasin and Others (84/02) [2003] ZANCHC 44; [2003] 4 All SA 506 (NC) (20 October 2003)
High Court plea-and-sentence agreement case on a pyramid scheme: the court confirmed compliance with section 105A, convicted the accused on 1527 fraud counts and three statutory offences, and imposed the agreed sentences.
S v Blank (23/93) [1994] ZASCA 115 (15 September 1994)
Appeal against an eight-year sentence for 48 counts of fraud was dismissed. The court upheld imprisonment, rejected correctional supervision, and found no constitutional unfairness.
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