South Africa Case Law

Director of Public Prosecutions: Gauteng Division, Pretoria v Mbonani (1198/2019)

Director of Public Prosecutions: Gauteng Division, Pretoria v Mbonani (1198/2019) [2020] ZASCA 115 (30 September 2020)

Court

Supreme Court of Appeal

Case number

1198/2019

Judges

Cachalia, Zondi, Matojane

The Supreme Court of Appeal held that admissions in a s 112 plea statement remained proof, and that a confession to a justice of the peace need not be written.

• Reservation Of Questions Of Law
• Criminal Procedure Act Section 319
• Admissibility Of Confessions
• Plea Explanation
• Circumstantial Evidence
• Criminal-procedure

Memela v S (AR44/19)

Memela v S (AR44/19) [2020] ZAKZPHC 17 (18 June 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR44/19

Judges

Steyn, Chetty

The High Court upheld an appeal in a robbery case, setting aside the conviction and sentence after finding the complainant’s evidence unreliable and uncorroborated.

• Robbery
• Single Witness Cautionary Rule
• Plea Explanation
• Irregularity In Proceedings
• Onus Of Proof
• Single-witness-evidence

S v Makhubu (R41/2020)

S v Makhubu (R41/2020) [2020] ZAFSHC 96 (8 May 2020)

Court

Free State High Court, Bloemfontein

Case number

R41/2020

Judges

N.M. MBHELE, P.E. MOLITSOANE

The High Court upheld a theft conviction after reviewing a reconstructed record, finding no prejudice from plea-record irregularities, and remitted the matter for sentencing.

• Criminal Procedure Act
• Record Reconstruction
• Plea Explanation
• Conviction Review
• Criminal-procedure
• Record-reconstruction

S v Maja (99/2017)

S v Maja (99/2017) [2017] ZAGPPHC 883 (12 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

99/2017

Judges

C J Van der Westhuizen, N. Ranchod

The High Court set aside a guilty plea conviction for assault with intent to do grievous bodily harm, substituting a conviction for assault and seven months' imprisonment.

• Plea Explanation
• Assault With Intent To Do Grievous Bodily Harm
• Section 112 1 B Criminal Procedure Act
• Conviction Setting Aside
• Remittal Discretion
• Criminal-law

Mazina v S (494/2016)

Mazina v S (494/2016) [2017] ZASCA 22 (24 March 2017)

Court

Supreme Court of Appeal

Case number

494/2016

Judges

Ponnan, Zondi, Mathopo, Nicholls, Coppin

The Supreme Court of Appeal set aside Donovan Mazina’s murder conviction, holding that his section 115 plea explanation was not a formal admission under section 220.

• Admissions Under Criminal Procedure Act
• Onus Of Proof
• Self Defence
• Murder
• Plea Explanation
• Criminal-law

Director of Public Prosecutions Limpopo v Maraba and Others (AA01/2016)

Director of Public Prosecutions Limpopo v Maraba and Others (AA01/2016) [2016] ZALMPPHC 6 (4 August 2016)

Court

Limpopo High Court, Polokwane

Case number

AA01/2016

Judges

E.M Makgoba, G.C Muller, M.G Phatudi

Appeal against discharge at the close of the State case in a criminal matter. The court held that a co-accused’s plea explanation was evidential material to consider.

• Section 174 Discharge
• Plea Explanation
• Admissions And Evidence
• Rape
• Murder
• Kidnapping

S v Maritz (A273/2012)

S v Maritz (A273/2012) [2012] ZAGPJHC 237 (22 November 2012)

Court

South Gauteng High Court, Johannesburg

Case number

A273/2012

Judges

Kolbe, Willis

The court found that the appellant's admissions in the plea explanation amounted to an incorrect conclusion of law and did not establish the essential elements of dealing in drugs. The facts admitted showed that the appellant acted as an agent or go-between for a purchaser for own use, which does not constitute dealing under the Drugs and Drug Trafficking Act. The regional magistrate erred by failing to record a plea of not guilty under section 113 of the Criminal Procedure Act when the appellant denied the required mens rea. The court held that neither it nor the trial court could convict th…

Source excerpt

• Drugs And Drug Trafficking Act
• Mens Rea
• Plea Explanation
• Conviction On Admission
• Alternative Charges

S v Nyathi (K/S 58/08)

S v Nyathi (K/S 58/08) [2009] ZANCHC 1 (3 February 2009)

Court

Northern Cape High Court, Kimberley

Case number

K/S 58/08

Judge

Tlaletsi

The court found that the objective facts established by the evidence, particularly the testimony of Ms Modise, demonstrated that the accused acted with direct intent to kill. The accused chased the deceased, threw her down, and stabbed her twelve times with a sharp knife, targeting sensitive areas of the body, while stating he could go to jail. The deceased posed no threat, and the accused's actions were deliberate and sustained. The court rejected the accused's version regarding the presence of another man, finding no evidence to support it. The accused's emotional state and jealousy did not…

Source excerpt

• Murder
• Dolus Directus
• Intention
• Plea Explanation
• Onus Of Proof

S v Goeieman (103/07)

S v Goeieman (103/07) [2008] ZANCHC 27 (20 June 2008)

Court

Northern Cape High Court, Kimberley

Case number

103/07

Judges

L O Bosielo, F E Mokgohloa

The court found that the accused was denied a fair trial due to three serious irregularities: (1) failure to properly inform the accused of his rights under section 115 of the Criminal Procedure Act, resulting in self-incrimination; (2) refusal by the magistrate to allow the accused to engage legal representation when requested, violating section 35(3)(f) of the Constitution; and (3) failure to allow the accused and the State to address the court on the merits before judgment, contrary to section 175 of the Criminal Procedure Act. These irregularities were so fundamental that they vitiated th…

Source excerpt

• Right To Fair Trial
• Legal Representation
• Plea Explanation
• Cross Examination
• Address On Merits

S v Ekermans (498/2007)

S v Ekermans (498/2007) [2007] ZAFSHC 57 (5 July 2007)

Court

Free State High Court, Bloemfontein

Case number

498/2007

Judge

G.F. Wright

The High Court set aside a DUI conviction and sentence because the guilty plea record did not clearly establish all elements of the offence.

• Driving Under Influence
• Plea Explanation
• Section 112 1 B
• Section 312 Criminal Procedure Act
• Driving-under-the-influence
• Guilty-plea