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South Africa decisions
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S v Kotze; S v Ntulo (371/2022;363/2022) [2023] ZAWCHC 15; 2023 (1) SACR 426 (WCC) (25 January 2023)
High Court review of two magistrates’ court plea records set aside Kotze’s conviction and sentence and amended Ntulo’s conviction to negligent driving.
S v Osmond (SA368/2018) [2019] ZAMPMHC 19; 2020 (1) SACR 357 (ML) (11 December 2019)
The review court found that the magistrate failed to conduct a proper inquiry into the accused's status as a primary caregiver and did not adequately consider the interests of his minor children, contrary to constitutional and case law requirements. The magistrate also failed to hold a proper inquiry under section 103(1) of the Firearms Control Act regarding the accused's fitness to possess a firearm, especially given the accused was unrepresented. The record keeping and transmission for review were delayed and incomplete, undermining the accused's right to a fair trial and proper review. The…
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National Credit Regulator v Khazamola Cash Loan & Holdings (Pty) Ltd (NCT/128377/2019/57(1)) [2019] ZANCT 109 (22 July 2019)
Default judgment against a credit provider for reckless lending, excessive charges, and record-keeping failures. The Tribunal cancelled registration, fined the respondent, and ordered refunds.
Makhanya v Netcare Hospitals (Pty) Ltd t.a Netcare Femina Hospital and Another (53151/2015) [2016] ZAGPPHC 1022 (9 December 2016)
The court found that the nursing staff of First Defendant were negligent in failing to monitor the foetal heart rate, respond to signs of distress, keep proper records, and act on complications during labour. This negligence was causally linked to the cerebral palsy suffered by Plaintiff's child. The evidence showed that foetal distress was present from 16h10, yet the staff failed to investigate or call for medical intervention. The court held that proper monitoring and timely action, including arranging a caesarean section, would probably have prevented the harm. The court found no sufficien…
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National Credit Regulator v Hirst (NCT/22133/2015/57(1)) [2015] ZANCT 21 (31 August 2015)
The Tribunal dismissed the National Credit Regulator’s application against a debt counsellor, finding the alleged contraventions were not proved on balance of probabilities.
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