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South Africa decisions
Decisions matching the current search
Masango v S (A25/2023) [2024] ZAGPJHC 571 (31 May 2024)
The High Court set aside a murder conviction because the guilty-plea statement did not admit the burning alleged in the charge sheet.
Mogapi v Minister of Police (CIV APP FB 02/ 23) [2023] ZANWHC 189 (16 October 2023)
The court found that the trial court failed to properly administer the prescribed oath to the appellant, as the invocation to tell the truth was omitted. The administration of the oath consisted only of questions regarding objection and whether the oath was binding on the conscience, followed by the phrase 'So help me God,' without any explicit requirement to speak the truth. This omission rendered the appellant's evidence inadmissible, as the purpose of the oath—to ensure the witness speaks the truth, the whole truth, and nothing but the truth—was not achieved. Since there was no separation…
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P.S.K v Minister of Police and Another - Appeal (3046/2013; A51/2022) [2023] ZAFSHC 273 (20 July 2023)
High Court appeal about damages for police assault and unlawful arrest. The court set aside the quantum order, finding the PTSD and income evidence needed reconsideration.
Jansen v The State (40043/14; 229/14) [2015] ZASCA 151; 2016 (1) SACR 377 (SCA) (2 October 2015)
The Supreme Court of Appeal held that a court may not depart from a plea and sentence agreement without first telling the parties it considers the proposed sentence unjust.
Director of Public Prosecutions v Schreiber (A169/2008) [2010] ZAGPPHC 308 (1 April 2010)
The court dismissed the state’s application for leave to appeal after holding that the respondent had been charged in a representative capacity and that the appeal points were not questions of law.
Witbooi v S (A376/2008) [2008] ZAWCHC 289 (7 November 2008)
Appeal set aside because the trial court required the accused to proceed without legal representation, breaching his fair-trial rights.
S v Shabangu (290/2001) [2007] ZANWHC 74 (14 November 2007)
The High Court set aside Shabangu’s rape conviction because the trial record was missing and could not be reconstructed, leaving the court unable to assess fairness.
S v Moloi (471/2005) [2005] ZAFSHC 45 (5 May 2005)
On special review, the High Court set aside proceedings after a magistrate mistakenly treated payment in another case as an admission of guilt fine.
S v Madlala (239/2005) [2005] ZAFSHC 34 (10 March 2005)
High Court review setting aside a conviction and sentence because the accused’s legal representative was absent when the matter was concluded.
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