South Africa Case Law

Nabolisa v The Regional Court Magistrate and Another (568/2022)

Nabolisa v The Regional Court Magistrate and Another (568/2022) [2024] ZASCA 7 (19 January 2024)

Court

Supreme Court of Appeal

Case number

568/2022

Judges

Zondi, Mokgohloa, Nhlangulela

The Supreme Court of Appeal found that the appellant's fair trial rights were not infringed. The forensic evidence was properly admitted, and the appellant, though legally represented, chose not to challenge the evidence or testify. The working papers were disclosed upon request, and the alleged procedural irregularities did not vitiate the proceedings. The expert evidence led by the defence was correctly rejected as lacking scientific basis and relevant experience. The use of inappropriate language by the prosecutor was not prejudicial. The conviction and sentence were based on credible evid…

Source excerpt

• Fair Trial Rights
• Forensic Evidence
• Disclosure Of Documents
• Review Of Conviction
• Constitutional Rights

S v Mohadin (25/2022; 9/451/2021; 01/2022)

S v Mohadin (25/2022; 9/451/2021; 01/2022) [2022] ZAWCHC 59 (25 April 2022)

Court

Western Cape High Court, Cape Town

Case number

25/2022

Judges

Nziweni, Lekhuleni

Automatic review set aside a theft conviction and 12-month sentence because the guilty-plea questioning under section 112(1)(b) was inadequate.

• Criminal Procedure Act Section 112
• Guilty Plea Questioning
• Review Of Conviction
• Rights Of Accused
• Criminal-procedure-act-section-112
• Guilty-plea-questioning

S v Saeed (R14/2021)

S v Saeed (R14/2021) [2021] ZAFSHC 83 (24 March 2021)

Court

Free State High Court, Bloemfontein

Case number

R14/2021

Judges

Opperman, Reinders

The High Court set aside a minor’s guilty plea and conviction because the Child Justice Act had not been applied, and sent the matter back to the District Court.

• Child Justice Act
• Guilty Plea Procedure
• Immigration Offences
• Review Of Conviction
• Child-justice-act
• Guilty-plea-procedure

Komanisi v S (A22/19)

Komanisi v S (A22/19) [2019] ZAWCHC 39 (22 March 2019)

Court

Western Cape High Court, Cape Town

Case number

A22/19

Judges

Ndita, De Waal

The High Court reduced a rape sentence from life imprisonment to 20 years, finding substantial and compelling circumstances and that life was disproportionate.

• Minimum Sentencing Regime
• Rape
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Review Of Conviction
• Criminal-sentencing

S v Madhinha (18617)

S v Madhinha (18617) [2018] ZAWCHC 172; 2019 (1) SACR 297 (WCC) (7 December 2018)

Court

Western Cape High Court, Cape Town

Case number

18617

Judges

DM Thulare, MJ Dolamo

The court held that a conviction and sentence resulting from the payment of an admission of guilt fine under section 57(6) of the Criminal Procedure Act is not a conviction as envisaged in section 271 of the Act. Such a conviction is administrative in nature, does not require proof of guilt beyond reasonable doubt, and does not result from a judicial pronouncement. The record of such a conviction is not permanent and should not be entered into the criminal record system as a previous conviction. The accused was not properly informed of his rights, did not admit guilt unequivocally, and paid t…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record
• Magistrates Court Procedure
• Review Of Conviction

S v Sikhosana (265/17, 02/17, 185/2015)

S v Sikhosana (265/17, 02/17, 185/2015) [2017] ZAGPPHC 701 (10 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

265/17

Judges

D S Molefe, N P Mali

A special criminal review set aside the accused’s conviction for contempt of court and trespassing after Nedbank admitted the sale in execution was erroneous.

• Contempt Of Court
• Trespassing
• Sale In Execution
• Review Of Conviction
• Criminal-review
• Contempt-of-court

S v Mokhali (228/2013)

S v Mokhali (228/2013) [2014] ZAFSHC 223 (18 December 2014)

Court

Free State High Court, Bloemfontein

Case number

228/2013

Judges

L.B.J. Moeng, C. Van Zyl

On special review, the High Court set aside a conviction for unlawful entry/remain because the accused’s passport showed lawful entry and stay in South Africa.

• Immigration Act Offence
• Unlawful Entry
• Passport Validity
• Review Of Conviction
• Criminal-review
• Immigration-law

S v Mbane and Others (CA&R 26/2012)

S v Mbane and Others (CA&R 26/2012) [2013] ZAECBHC 1 (1 January 2013)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 26/2012

Judges

DZ Dukada, NG Beshe

The High Court set aside a juvenile accused’s conviction after finding the Child Justice Act was not applied, and remitted the matter for proper treatment.

• Child Justice Act
• Juvenile Offenders
• Review Of Conviction
• Procedural Irregularity
• Child-justice-act
• Juvenile-offenders

S v Claasen (410/2012)

S v Claasen (410/2012) [2012] ZAFSHC 231 (13 December 2012)

Court

Free State High Court, Bloemfontein

Case number

410/2012

Judges

D.I. Matlapeng, K.J. Moloi

On special review, the Free State High Court set aside a deemed conviction and sentence after an admission of guilt fine, and ordered the refund of the fine.

• Admission Of Guilt Fine
• Review Of Conviction
• Criminal Record
• Equitable Relief
• Admission-of-guilt-fine
• Criminal-review

Naidoo and Another v De Freitas and Others (AR525/11)

Naidoo and Another v De Freitas and Others (AR525/11) [2012] ZAKZPHC 68; 2013 (1) SACR 284 (KZP) (9 October 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR525/11

Judges

Kruger, Van Zyl

The court found that during sentencing, evidence was presented by social workers and correctional services officials indicating the applicants did not intend to defraud or deceive, contradicting their earlier admissions. The trial judge was aware of this contradiction but failed to seek clarification or alter the plea to not guilty as required by section 113(1) of the Criminal Procedure Act. Given the low threshold for invoking section 113(1), the court held that the trial judge was obliged to amend the plea and allow the prosecution to proceed with evidence. The failure to do so constituted…

Source excerpt

• Section 113 Criminal Procedure Act
• Withdrawal Of Guilty Plea
• Review Of Conviction
• Sentencing Procedure