South Africa Case Law

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024)

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025)

Court

Western Cape High Court, Cape Town

Case number

17268/2024

Judges

Mantame, Mthimunye

The court found that the magistrate acted without jurisdiction and in violation of procedural fairness by unilaterally amending the original divorce order after becoming functus officio. No application for variation or rescission was brought by either party, and the amendment prejudiced the applicant by depriving her of the relief she was granted. The court rejected the respondent's argument regarding delay, distinguishing legality review under the Superior Courts Act from administrative review under PAJA. The applicant's ignorance of the law was accepted as a reasonable explanation for the d…

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• Division Of Joint Estate
• Functus Officio
• Gross Irregularity
• Substitution Of Order
• Review Of Magistrate Decision

Keele v Jansen Van Rensburg and Others (042870/2022)

Keele v Jansen Van Rensburg and Others (042870/2022) [2025] ZAGPPHC 292 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

042870/2022

Judge

BP Geach

The High Court dismissed an application to join the Commission for Gender Equality as a party in a review linked to a custody and access dispute.

• Joinder Of Parties
• Direct And Substantial Interest
• Constitutional Right To Dignity
• Custody And Access
• Review Of Magistrate Decision
• Joinder-of-parties

Naidoo v Magampha and Another (2023/036454)

Naidoo v Magampha and Another (2023/036454) [2025] ZAGPJHC 225 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/036454

Judge

H M Viljoen

The application for review was dismissed because the applicant failed to establish that the magistrate's ruling on further particulars constituted a gross irregularity or created a real risk of grave injustice. The High Court reaffirmed the principle that it does not intervene in incomplete criminal proceedings except in rare and exceptional circumstances, which were not present in this case. The State's responses to requests for further particulars were found to be adequate, and any missing information was either immaterial, obtainable by other means, or not in the State's possession. The ap…

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• Review Of Magistrate Decision
• Further Particulars
• Gross Irregularity
• Intervention In Incomplete Proceedings
• State Disclosure Obligations

S v Railoun (Review) (34/25)

S v Railoun (Review) (34/25) [2025] ZAWCHC 35; 2025 (1) SACR 659 (WCC) (12 February 2025)

Court

Western Cape High Court, Cape Town

Case number

34/25

Judges

DM Thulare, ED Wille

High Court review set aside a conviction on a faulty protection-order charge, confirmed malicious damage conviction, and imposed antedated imprisonment.

• Domestic Violence Act
• Review Of Magistrate Decision
• Sentencing Principles
• Correctional Supervision
• Malicious Damage To Property
• Criminal-procedure

Deranarian v Director of Public Prosecutions and Others (2024/082016)

Deranarian v Director of Public Prosecutions and Others (2024/082016) [2024] ZAGPJHC 755 (5 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/082016

Judge

M V Noko

Urgent review of a magistrate’s bail revocation and forfeiture order was dismissed after the court found no reviewable irregularity and upheld reliance on contradictory medical evidence.

• Bail Revocation
• Review Of Magistrate Decision
• Gross Irregularity
• Admissibility Of Evidence
• Urgent Application
• Bail-revocation

Matebe v Makhambi (CA&R 7/2020)

Matebe v Makhambi (CA&R 7/2020) [2023] ZANCHC 74 (3 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 7/2020

Judges

Williams, Stanton

The High Court set aside part-heard maintenance proceedings because no usable record could be found or reconstructed, and ordered a fresh hearing.

• Maintenance Enquiry
• Record Reconstruction
• Review Of Magistrate Decision
• Maintenance-enquiry
• Record-reconstruction
• Review-of-magistrates-court-decision

Sithole and Another v Director of Public Prosecutions and Others (3239/2021)

Sithole and Another v Director of Public Prosecutions and Others (3239/2021) [2023] ZAFSHC 356 (7 September 2023)

Court

Free State High Court, Bloemfontein

Case number

3239/2021

Judges

PR Cronjé, NS Daniso

The High Court dismissed a review of a magistrate’s decision to transfer a criminal matter to the High Court, holding that the prior order did not bar the fresh process.

• Criminal Procedure Act Section 75
• Review Of Magistrate Decision
• Stare Decisis
• Transfer Of Criminal Case
• Criminal-procedure-act-section-75
• Review-of-magistrate-decision

S v Pokola (Special Review) (CA&R 38/2023)

S v Pokola (Special Review) (CA&R 38/2023) [2023] ZANCHC 63; 2023 (2) SACR 643 (NCK) (24 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 38/2023

Judges

Mamosebo, Stanton

High Court review of a magistrate’s departure from a plea and sentence agreement under section 105A of the CPA, resulting in the conviction and sentence being set aside.

• Plea And Sentence Agreement
• Criminal Procedure Act Section 105a
• Fraud
• Immigration Act Offence
• Review Of Magistrate Decision
• Criminal-procedure

Akanmbi v Mavusi N.O and Others (1347/2022)

Akanmbi v Mavusi N.O and Others (1347/2022) [2023] ZAMPMHC 3 (19 January 2023)

Court

Middelburg High Court, Mpumalanga

Case number

1347/2022

Judge

MBG Langa

The High Court reviewed and set aside a magistrate's order that condoned non-joinder and referred a land dispute to oral evidence.

• Non Joinder
• Review Of Magistrate Decision
• Permission To Occupy
• Eviction Proceedings
• Non-joinder
• Judicial-review

Commissioner of the South Africa Revenue Service: In re: Cyril and Another v Additional Magistrate, Magistrates Court for the Region of Alexander and Another (28948/2020)

Commissioner of the South Africa Revenue Service: In re: Cyril and Another v Additional Magistrate, Magistrates Court for the Region of Alexander and Another (28948/2020) [2022] ZAGPJHC 830 (25 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28948/2020

Judge

Mahalelo

The court held that SARS demonstrated a direct and substantial interest in the review application, as the outcome would affect the ambit of its statutory powers under the Customs and Excise Act and could have broader implications for its operations. The respondents' reliance on a general rule against intervention in criminal matters was misplaced, as the intervention sought was in ancillary proceedings, not the criminal trial itself. The court found no merit in the argument that SARS's application was time-barred, as Rule 12 allows intervention at any stage and courts routinely permit such ap…

Source excerpt

• Intervention Application
• Customs And Excise Act
• Constitutional Invalidity
• Admissibility Of Evidence
• Retrospective Effect
• Review Of Magistrate Decision