South Africa Case Law

Sibeko v S and Another (Appeal) (A839/2016)

Sibeko v S and Another (Appeal) (A839/2016) [2025] ZAGPPHC 407 (23 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A839/2016

Judges

Mncube, Mbongwe

The court found that the presumption in section 19(2) of the Drugs and Drug Trafficking Act was not applicable to the facts, as the applicant did not admit to dealing but rather to possession for personal use. The trial court misdirected itself by relying on the presumption and failing to invoke section 113 of the Criminal Procedure Act to correct the plea to not guilty. The conviction for dealing was set aside and replaced with possession. The sentence imposed was found to be harsh due to the lack of concurrency, constituting a material misdirection. The appeal succeeded on both conviction a…

Source excerpt

• Drugs And Drug Trafficking Act
• Presumption Of Innocence
• Reverse Onus
• Plea Procedure
• Concurrent Sentences

S v Rooy (Review) (CA & R 15/2025)

S v Rooy (Review) (CA & R 15/2025) [2025] ZAECMKHC 10 (11 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA & R 15/2025

Judges

JGA Laing, H Zilwa

The High Court set aside a guilty conviction and sentence after finding that the accused’s section 112(2) statement did not admit all elements of the Domestic Violence Act charge.

• Domestic Violence Act
• Plea Procedure
• Section 112 Statement
• Conviction Requirements
• Section-112-plea
• Criminal-procedure

S v Jerline (R62/2024)

S v Jerline (R62/2024) [2024] ZAFSHC 399 (20 December 2024)

Court

Free State High Court, Bloemfontein

Case number

R62/2024

Judges

Van Rhyn, Van Zyl

The High Court set aside a DUI conviction and sentence on special review because the guilty plea did not admit all elements and the alternative charge was not properly dealt with.

• Criminal Procedure Act Review
• Driving Under Influence
• Plea Procedure
• Suspension Of Driving Licence
• Special-review
• Driving-under-influence

S v Nchabeleng (Rev 47/2024)

S v Nchabeleng (Rev 47/2024) [2024] ZALMPPHC 54 (28 May 2024)

Court

Limpopo High Court, Polokwane

Case number

Rev 47/2024

Judges

Kganyago, Pillay

The High Court set aside a maintenance conviction and sentence after finding unfair plea, sentencing, and review irregularities in the magistrate’s court.

• Maintenance Act
• Fair Trial Rights
• Defective Charge Sheet
• Mitigation And Aggravation
• Automatic Review
• Plea Procedure

S v Du Preez (HC 05/2023)

S v Du Preez (HC 05/2023) [2023] ZANWHC 197 (1 November 2023)

Court

North West High Court, Mafikeng

Case number

HC 05/2023

Judges

A Reddy, A H Petersen

Automatic review of a guilty plea for drug possession was set aside because the magistrate convicted without scientific analysis certificates and reliable proof.

• Drug Possession
• Plea Procedure
• Scientific Evidence
• Automatic Review
• Fair Trial Rights
• Automatic-review

S v Tazira and Others - Review (REV130/23)

S v Tazira and Others - Review (REV130/23) [2023] ZALMPPHC 97 (16 October 2023)

Court

Limpopo High Court, Polokwane

Case number

REV130/23

Judges

M. Naude-Odendaal, C. Marais

The High Court found that the Magistrate failed to comply with the mandatory requirements of Section 105 of the Criminal Procedure Act by not ensuring that each Respondent pleaded to the charges against them. The Magistrate also failed to inform the Respondents of their constitutional rights regarding appeals and reviews, and did not properly apply the procedure for confirming guilty pleas under Section 112(1)(b). These procedural failures resulted in a miscarriage of justice and vitiated the Respondents' right to a fair trial. The convictions and sentences imposed were therefore invalid and…

Source excerpt

• Fair Trial Rights
• Plea Procedure
• Miscarriage Of Justice
• Criminal Review

S v Mbalekwa - Review Judgment (CA&R 142/2023)

S v Mbalekwa - Review Judgment (CA&R 142/2023) [2023] ZAECMKHC 104 (5 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 142/2023

Judges

GH Bloem, NG Beshe

The High Court set aside a magistrate’s conviction and sentence because the accused’s plea facts did not support the charge under the section relied on.

• Driving Under Influence
• National Road Traffic Act
• Plea Procedure
• Amendment Of Charge
• Driving-under-influence
• National-road-traffic-act

S v Masenyetsa and Others (R06/2023)

S v Masenyetsa and Others (R06/2023) [2023] ZAFSHC 148 (5 May 2023)

Court

Free State High Court, Bloemfontein

Case number

R06/2023

Judges

Ramdeyal AJ, Chesiwe J

High Court review correcting an overlong magistrates’ court sentence and confirming guilty-plea convictions despite procedural irregularities.

• Magistrates Court Jurisdiction
• Plea Procedure
• Possession Of Suspected Stolen Property
• Illegal Foreigner Offence
• Magistrates-court-jurisdiction
• Guilty-plea-procedure

S v White (R19/2022)

S v White (R19/2022) [2022] ZAFSHC 173; 2022 (2) SACR 511 (FB) (17 June 2022)

Court

Free State High Court, Bloemfontein

Case number

R19/2022

Judges

DAFFUE, MOLITSOANE

The High Court set aside a conviction and sentence for intimidation after finding the charge sheet and plea statement confusing and the proceedings unjust.

• Intimidation Act
• Conviction Review
• Plea Procedure
• Statutory Interpretation
• Intimidation-act
• Criminal-procedure

Gumbo v S (41/1099/17)

Gumbo v S (41/1099/17) [2022] ZAGPJHC 227; 2022 (2) SACR 131 (GJ) (21 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

41/1099/17

Judges

M M MABESELE, W A KARAM

The court found that the accused was not placed in a position to clearly understand the charges against him, as he was not asked to plead to each charge individually and the charges were not formally put to him by the prosecutor. Furthermore, no enquiry was made regarding his ability to understand English, and no interpretation was provided, despite his status as a Zimbabwean national. These procedural irregularities infringed the accused's constitutional right to a fair trial. In the interests of justice, leave to appeal against both conviction and sentence was granted.

Source excerpt

• Fair Trial Rights
• Plea Procedure
• Language Of Proceedings
• Leave To Appeal