South Africa Case Law

Mokoena v Magistrate Nekosie and Others (A05/2020)

Mokoena v Magistrate Nekosie and Others (A05/2020) [2024] ZAFSHC 253 (6 May 2024)

Court

Free State High Court, Bloemfontein

Case number

A05/2020

Judges

JP Daffue, TL Manye

The court found that the Regional Court has jurisdiction to adjudicate criminal offences, including those arising from alleged misrepresentations in employment contracts, and that the applicant's reliance on the Basic Conditions of Employment Act and cited cases was misplaced. The applicant failed to provide a bona fide and satisfactory explanation for his repeated requests for postponement, which were found to be tactical maneuvers to delay prosecution. The court held that the interests of justice and public interest required finality and that no further postponement should be granted. The r…

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• Jurisdiction Of Regional Court
• Exclusive Labour Court Jurisdiction
• Review Of Magistrate Decisions
• Postponement Principles
• Abuse Of Process
• Stalingrad Defence

Seloana and Others v Director of Public Prosecutions and Others (4019/2020)

Seloana and Others v Director of Public Prosecutions and Others (4019/2020) [2021] ZAFSHC 176 (24 August 2021)

Court

Free State High Court, Bloemfontein

Case number

4019/2020

Judges

NS Daniso, NM Mbhele

The court found that the transfer of the applicants' case from the district court to the high court was lawfully effected in terms of section 75 of the Criminal Procedure Act. The magistrate was not required to provide reasons or hold an enquiry before transferring the case, as the statutory framework does not impose such obligations. The applicants' reliance on authorities and constitutional rights was misconstrued, and their contention that defending the case in the high court would infringe their right to legal representation was meritless, given the availability of Legal Aid and Pro Bono…

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• Criminal Procedure Act Section 75
• Jurisdiction Of Magistrates Courts
• Transfer Of Criminal Cases
• Right To Fair Trial
• Legal Representation
• Review Of Magistrate Decisions

A.H v J.H and Another (A84/2019)

A.H v J.H and Another (A84/2019) [2020] ZAFSHC 74 (19 March 2020)

Court

Free State High Court, Bloemfontein

Case number

A84/2019

Judges

Molitsoane, Ramlal

High Court review of a maintenance-court discharge order granted without evidence. The maintenance order was set aside, reinstated, and costs awarded.

• Maintenance Orders
• Review Of Magistrate Decisions
• Costs Awards
• Variation Of Orders
• Maintenance-orders
• Judicial-review

S v Moloantoa (342/17)

S v Moloantoa (342/17) [2018] ZAGPPHC 222 (22 January 2018)

Court

North Gauteng High Court, Pretoria

Case number

342/17

Judges

C J Van der Westhuizen, AJ Bam

On special review, the High Court confirmed a guilty plea conviction and three-year sentence, but set aside an unlawful non-parole order imposed by the magistrate.

• Sentencing Procedure
• Non Parole Orders
• Criminal Procedure Act
• Misdirection
• Review Of Magistrate Decisions
• Sentencing-procedure

Botha and Others v Regional Magistrate, Springs and Others (A807/2015)

Botha and Others v Regional Magistrate, Springs and Others (A807/2015) [2017] ZAGPPHC 128 (28 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A807/2015

Judges

Ranchod, Makhoba

The High Court declined to review the magistrate's ruling on admissibility of evidence during an unconcluded criminal trial. The court held that its review powers should be exercised sparingly and only in rare cases of grave injustice or where justice cannot otherwise be attained. The magistrate's ruling was interlocutory and subject to change if new evidence emerges. The applicants' uncertainty regarding the case they must meet does not constitute exceptional circumstances justifying intervention at this stage. The proper remedy is to appeal after the trial concludes. Accordingly, the applic…

Source excerpt

• Admissibility Of Evidence
• Trial Within A Trial
• Interlocutory Orders
• Review Of Magistrate Decisions
• Constitutional Rights
• Provisional Admissibility

R.J.I v A.B.L N.O and Another (50748/10)

R.J.I v A.B.L N.O and Another (50748/10) [2011] ZAGPJHC 222 (2 December 2011)

Court

South Gauteng High Court, Johannesburg

Case number

50748/10

Judge

Meyer

The High Court reviewed maintenance proceedings and set aside a subpoena, a magistrate’s order, and a warrant of arrest because the statutory steps had not been followed.

• Maintenance Orders
• Irregular Proceedings
• Review Of Magistrate Decisions
• Maintenance-act
• Judicial-review
• Magistrates-court-procedure

Director of Public Prosecution v Modise and Another (35303/2008)

Director of Public Prosecution v Modise and Another (35303/2008) [2009] ZAGPJHC 93; 2012 (1) SACR 553 (GSJ) (26 November 2009)

Court

South Gauteng High Court, Johannesburg

Case number

35303/2008

Judge

Lamont

The High Court reviewed a magistrate’s ruling that barred oral expert evidence for lack of statutory affidavits, and held the State could lead the evidence.

• Admissibility Of Expert Evidence
• Section 212 Criminal Procedure Act
• Electronic Communications And Transactions Act
• Review Of Magistrate Decisions
• Criminal-procedure-act
• Expert-evidence