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Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022) [2024] ZALMPPHC 98 (16 August 2024)
The High Court refused the State’s reservation of questions of law after a guilty admission to culpable homicide, finding the issues were factual, not legal.
S v Coetzee (169/2004) [2004] ZANCHC 15 (8 April 2004)
The magistrate erred by convicting and sentencing the accused under section 112(1)(a) of the Criminal Procedure Act without properly considering her defence that she was arrested in her home, not in public. The correct procedure, upon the accused raising a defence post-conviction, was to invoke section 113 of the Criminal Procedure Act to clarify the plea and determine the facts. The failure to do so rendered the conviction and sentence invalid. The only appropriate remedy is to set aside the conviction and sentence and refer the matter back to the magistrate's court with instructions to appl…
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