South Africa Case Law

S v Bjanyane - Appeal (A51/2020)

S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A51/2020

Judges

WJ Britz, MA Makume, S Johnson

The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was st…

Source excerpt

• Criminal Procedure Act
• Jurisdiction Of Full Court
• Reservation Of Question Of Law
• Appeal By State
• Acquittal
• Leave To Appeal

Director of Public Prosecutions, Northern Cape v Swarts and Another (KS19/2016)

Director of Public Prosecutions, Northern Cape v Swarts and Another (KS19/2016) [2022] ZANCHC 57; 2023 (1) SACR 101 (NCK) (7 October 2022)

Court

Northern Cape High Court, Kimberley

Case number

KS19/2016

Judges

Nxumalo, Stanton, Kgopa

The High Court held that the State’s s 319 application raised factual disputes, not questions of law, and dismissed the appeal.

• Reservation Of Question Of Law
• Circumstantial Evidence
• Common Purpose Liability
• Acquittal
• Firearms Control Act
• Criminal Procedure Act

Director of Public Prosecutions v Tsupa and Others (65/2019)

Director of Public Prosecutions v Tsupa and Others (65/2019) [2021] ZAFSHC 80 (31 March 2021)

Court

Free State High Court, Bloemfontein

Case number

65/2019

Judge

Daniso

The court found that the applicant's amended notice of motion was procedurally defective and a nullity due to non-compliance with the rules of court regarding amendments. The application for reservation of a question of law under section 319 was incompetent because such reservation must be made by the trial court during the trial, not after acquittal when the court is functus officio. The applicant's reliance on Mokgotho was misplaced, as that case involved a reservation made at the trial court. The court further found that the applicant had been pre-warned of the provisions of section 342A a…

Source excerpt

• Reservation Of Question Of Law
• Section 319 Criminal Procedure Act
• Section 342a Criminal Procedure Act
• Leave To Appeal
• Costs Punitive Scale

Director of Public Prosecutions, Northern Cape v Swart and Another (K19/16)

Director of Public Prosecutions, Northern Cape v Swart and Another (K19/16) [2018] ZANCHC 12; 2018 (2) SACR 211 (NCK) (26 February 2018)

Court

Northern Cape High Court, Kimberley

Case number

K19/16

Judge

Matlapeng

The High Court dismissed the State’s request to reserve questions of law, holding that the dispute concerned factual evaluation of evidence, not a legal issue.

• Reservation Of Question Of Law
• Circumstantial Evidence
• Joint Possession
• Actus Reus
• Common Purpose
• Reservation-of-question-of-law

S v Dawlatt (CC132/01)

S v Dawlatt (CC132/01) [2007] ZAKZHC 21; 2008 (1) SACR 35 (N); [2008] 1 All SA 40 (N) (9 October 2007)

Court

High Courts - Kwazulu Natal

Case number

CC132/01

Judge

Tshabalala JP

The High Court dismissed an application to reserve a question of law after conviction, holding it was brought too late and raised no genuine issue warranting appeal.

• Reservation Of Question Of Law
• Robbery
• Accomplice Liability
• Accessory After The Fact
• Finality Principle
• Reservation-of-question-of-law