Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2017] ZAGPJHC 394

Watson v S (A235/2017)

Watson v S (A235/2017) [2017] ZAGPJHC 394 (12 December 2017)

Court
South Gauteng High Court, Johannesburg
Case number
A235/2017
Judges
T. Ncongwane, I. Opperman

The appeal court found that the trial magistrate failed to independently and adequately consider the best interests of the appellant's minor child when imposing a custodial sentence. The trial court did not properly engage with the four responsibilities outlined in S v M and S v De Villiers, nor did it sufficiently explore the factual circumstances regarding who was the primary care-giver and the impact of imprisonment on the child. The omission constituted a misdirection, warranting appellate intervention. The matter was remitted to the trial court for reconsideration of sentence, with instr…

Source excerpt

  • Sentencing Principles
  • Primary Care Giver
  • Best Interests Of Child
  • Fraud
  • Criminal Law Amendment Act
Read case analysis
Family And Children [2009] ZAECGHC 35

Campher v Cushing (CA 113/2009)

Campher v Cushing (CA 113/2009) [2009] ZAECGHC 35 (9 June 2009)

Court
Eastern Cape High Court, Grahamstown
Case number
CA 113/2009
Judges
Jones, Jansen, Sandi

The court found that the trial judge misdirected herself by treating the matter as adversarial and applying an onus to the appellant, rather than conducting a judicial investigation into the child’s best interests. The evidence established that the minor child has a close, dependent relationship with his mother, and that separation would cause significant emotional harm, amounting to emotional abuse and abandonment. The concerns about the appellant’s ability to care for the child during treatment were not substantiated by the medical evidence, and arrangements were in place to provide support…

Source excerpt

  • Children S Act Section 18
  • Best Interests Of Child
  • Parental Consent For Travel
  • Primary Care Giver
  • Urgent Application
  • Custody And Access
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.