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South Africa decisions
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S v Ncube and Another (Review) (CA&R25/2024) [2025] ZANCHC 40 (5 May 2025)
The High Court held that a special review before sentence was not justified because the magistrate’s doubts arose from post-conviction events, not a procedural irregularity.
Sethosa v S (679/2023) [2024] ZASCA 172 (12 December 2024)
The SCA set aside a High Court dismissal of a petition for leave to appeal because the trial record was incomplete and needed reconstruction.
Modibedi v Raborife N.O and Another (M614/2022) [2023] ZANWHC 182 (3 October 2023)
None of the grounds for review advanced by the applicant were sustained. The court found no evidence that the Magistrate read or relied on the bail affidavit, and her conduct in handing it to the prosecutor was appropriate. The death of the witness was not disputed, and the absence of a death certificate did not constitute a procedural irregularity. The complainant's evidence was uncontested, as the defence chose not to cross-examine, and the Magistrate was correct to accept it. The State was not obliged to call all listed witnesses, and the defence could have called any of them. The absence…
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Sethosa v S (A10/2023) [2023] ZAGPJHC 333 (3 March 2023)
The High Court dismissed a bail appeal pending petition for leave to appeal after the petition was refused and the appellant’s attorneys withdrew the appeal.
Tyhala v S (CC22/2019) [2021] ZAECGHC 119 (23 November 2021)
The High Court struck an out-of-time leave-to-appeal application from the roll because the grounds were vague and the condonation affidavit failed to address prospects of success.
Pretorius v S (705/2019) [2020] ZASCA 47 (4 May 2020)
The Supreme Court of Appeal held that leave to appeal should have been granted in a rape conviction matter because reasonable prospects of success existed.
Morake v Van Schalkwyk and Another (A765/2014) [2018] ZAGPJHC 611 (29 October 2018)
The court found that the applicant failed to establish any reasonable or objective grounds for apprehension of bias on the part of the magistrate. The applicant was given an opportunity to object to the constitution of the court at the outset and did not do so. The photograph of the magistrate reading a docket was not shown to be related to the applicant's case, and the evidence indicated it concerned unrelated matters. The court held that the apprehension of bias was illusory and not supported by facts. Consequently, the application for review and all ancillary orders were dismissed. The cou…
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Mandlazi v S (A668/13) [2014] ZAGPPHC 711 (12 September 2014)
The High Court dismissed an application for leave to appeal a rape conviction and 10-year sentence, finding no reasonable prospects of success.
S v McLaggan (CC70/2011) [2012] ZAECGHC 78; 2013 (1) SACR 267 (ECG) (4 October 2012)
The court found that, given the complexities of the evidence, including reliance on a single witness and the complainant's compromised state, there exists a reasonable possibility that another court may reach a different conclusion regarding the applicant's guilt. Similarly, the respondent's application for leave to appeal against sentence was granted because there is a reasonable prospect that another court may find the mitigating factors insufficient to constitute substantial and compelling circumstances justifying a lesser sentence. The court emphasized that the defects in the applicant's…
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Barnard v S (P87/11) [2011] ZAFSHC 201 (8 December 2011)
The Free State High Court granted leave to appeal to the Supreme Court of Appeal after finding reasonable prospects that another court might differ on conviction and sentence.
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