South Africa Case Law

S v White (CA&R 08/2021)

S v White (CA&R 08/2021) [2021] ZAECGHC 4 (20 January 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 08/2021

Judges

Bloem, Rugunanan

The accused was under 18 at the time of the offence but over 18 at trial. The Child Justice Act provides that the DPP may, in prescribed circumstances, direct that such persons be dealt with under child justice procedures. The offence was serious (Schedule 3), and none of the circumstances for referral under section 4(2) were present. The DPP did not exercise discretion to invoke child justice procedures. The conviction for sexual assault is sustainable under section 270 of the Criminal Procedure Act. The proceedings were in accordance with justice, and the matter is remitted for sentencing,…

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• Child Justice Act
• Sentencing Procedure
• Sexual Offences
• Competent Verdict
• Preliminary Inquiry

S v N and Another (R431/2017)

S v N and Another (R431/2017) [2017] ZAFSHC 202 (26 October 2017)

Court

Free State High Court, Bloemfontein

Case number

R431/2017

Judges

Mhlambi, Chesiwe

The court found that although there was non-compliance with the Child Justice Act in failing to conduct a preliminary inquiry for accused 4 and 5, this irregularity was not so fundamental as to result in a failure of justice. The accused were minors at the time of the offence but were legally represented throughout the trial, their guardians were present, and they understood the proceedings. Notices for a preliminary inquiry were served, but for reasons unknown, the inquiry was not held. The oversight was condonable due to the effluxion of time and the accused having reached majority by the t…

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• Child Justice Act
• Irregularity In Criminal Procedure
• Failure Of Justice
• Diversion
• Preliminary Inquiry

S v Jack (562/15)

S v Jack (562/15) [2015] ZAGPPHC 888 (3 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

562/15

Judges

Tuchten, M Ismail

A child’s theft conviction was set aside on special review after the High Court found that no preliminary inquiry had been held under the Child Justice Act.

• Child Justice Act
• Preliminary Inquiry
• Criminal Capacity
• Magistrates Court Jurisdiction
• Child-justice-act
• Preliminary-inquiry

S v Thwala (A92/2015)

S v Thwala (A92/2015) [2015] ZAGPPHC 114 (26 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

A92/2015

Judges

M Ismail, N V Khumalu

The High Court set aside a child accused’s conviction because no preliminary inquiry was held under section 43 of the Child Justice Act before conviction.

• Child Justice Act
• Preliminary Inquiry
• Irregular Proceedings
• Conviction Set Aside
• Child-justice-act
• Preliminary-inquiry

S v Thezela (K36/11)

S v Thezela (K36/11) [2011] ZANCHC 17 (2 August 2011)

Court

Northern Cape High Court, Kimberley

Case number

K36/11

Judges

Hughes-Madondo, B Pakati

The High Court set aside district court bail proceedings against a child accused after finding no legal representation, no in camera hearing, and no preliminary inquiry.

• Right To Legal Representation
• Child Accused Procedure
• Preliminary Inquiry
• Closed Court Proceedings
• Right-to-legal-representation
• Child-accused-procedure