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South Africa Case Law

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Criminal Law [2020] ZAFSHC 13

S v Tono (R1/2020)

S v Tono (R1/2020) [2020] ZAFSHC 13 (29 January 2020)

On special review, the High Court set aside a guilty conviction entered under a repealed statute and remitted the matter for trial de novo.

  • Repeal Of Statute
  • Child Care Act
  • Children S Act
  • Special Review
  • Conviction Set Aside
  • Special-review
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Criminal Law [2018] ZAFSHC 38

S v Sithole and Others (R33/2018)

S v Sithole and Others (R33/2018) [2018] ZAFSHC 38 (15 March 2018)

The High Court set aside guilty plea convictions entered under repealed mining legislation and remitted the matter for fresh pleas under the correct Act.

  • Unlawful Possession Of Precious Metals
  • Repeal Of Statute
  • Special Review Procedure
  • Conviction Under Wrong Legislation
  • Criminal-law
  • Special-review
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Criminal Law [2014] ZAFSHC 18

S v Sithole and Another (SHO93/2013)

S v Sithole and Another (SHO93/2013) [2014] ZAFSHC 18 (27 February 2014)

The High Court set aside the conviction and sentence on count 1 because the accused had been charged under a repealed statute. It declined to order reprosecution.

  • Unlawful Possession Of Precious Metals
  • Illegal Immigration
  • Repeal Of Statute
  • Review Proceedings
  • Criminal-law
  • Judicial-review
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Criminal Law [2013] ZAGPPHC 322

S v Legong (A893/2013)

S v Legong (A893/2013) [2013] ZAGPPHC 322 (1 November 2013)

On special review, the High Court set aside a conviction under a repealed corruption statute and allowed the State to charge the accused anew under current law.

  • Corruption
  • Repeal Of Statute
  • Charging Incorrect Statute
  • Criminal Procedure Act
  • De Novo Trial
  • Criminal-law
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Criminal Law [2013] ZAFSHC 43

S v Adams; S v Molejane (62/2013, 63/2013)

S v Adams; S v Molejane (62/2013, 63/2013) [2013] ZAFSHC 43 (4 April 2013)

The High Court set aside convictions under a repealed statute, holding that offences committed after repeal had to be charged under the new Children’s Act.

  • Principle Of Legality
  • Nullum Crimen Sine Lege
  • Nulla Poena Sine Lege
  • Repeal Of Statute
  • Transitional Provisions
  • Criminal-law
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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.