South Africa Case Law

S v Modimolla (02/2022 A290/2021)

S v Modimolla (02/2022 A290/2021) [2022] ZALMPPHC 14 (18 February 2022)

Court

Limpopo High Court, Polokwane

Case number

02/2022 A290/2021

Judges

G.C Muller, E.M Makgoba

The accused was initially charged and convicted under a repealed statute, the Arms and Ammunition Act 75 of 1969, which no longer constituted a criminal offence at the time of the alleged conduct. The subsequent amendment of the charge sheet to substitute the charge with one under the Firearms Control Act 60 of 2000 after conviction was not a permissible amendment under section 86(1) of the Criminal Procedure Act, but rather an impermissible substitution. The magistrate, having convicted the accused, was functus officio and could not amend the charge sheet post-conviction. This irregularity r…

Source excerpt

• Amendment Of Charge Sheet
• Repealed Statute
• Fair Trial Rights
• Substitution Vs Amendment
• Firearms Control Act

S v Motloi and Another (42/2014)

S v Motloi and Another (42/2014) [2014] ZAFSHC 16 (28 February 2014)

Court

Free State High Court, Bloemfontein

Case number

42/2014

Judges

Van Zyl, Reinders

On special review, the High Court set aside two guilty convictions because one count was based on a repealed corruption statute and the counts were closely linked.

• Corruption
• Illegal Foreigner
• Conviction Irregularity
• Repealed Statute
• De Novo Trial
• Criminal-law

Fritz v Minister of Safety and Security (2012 (2) SACR 451 (ECG))

Fritz v Minister of Safety and Security (2012 (2) SACR 451 (ECG)) [2010] ZAECGHC 135; [2010] ZAECGHC 88 (16 September 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 411/08

Judges

M Makaula, D Chetty

The High Court held that an arrest for a repealed offence and an unsupported preventive rationale could not justify arrest under section 40(1)(a).

• Wrongful Arrest
• Unlawful Detention
• Onus Of Proof
• Section 40 Criminal Procedure Act
• Repealed Statute
• Damages For Unlawful Arrest