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South Africa decisions
Decisions matching the current search
S v Zulu and Others (AR219/2022) [2023] ZAKZPHC 71 (30 June 2023)
The High Court reviewed and set aside admission-of-guilt fines paid by 22 accused after finding the charges and procedure under the Criminal Procedure Act and NLTA were defective.
S v Sepotokela (A177/18,1346/2017,326/2017, 07/2017) [2018] ZAGPPHC 604 (23 April 2018)
The High Court found that the questioning of the accused by the magistrate was improper and did not comply with the basic rules governing section 112(1)(b) questioning. The magistrate's approach included cross-examination, leading questions, and attempts to persuade the accused to admit elements of the offences, which is contrary to established legal principles. The accused's explanations and denials were not properly considered, and the formal defects in the charge sheet further compromised the fairness of the proceedings. As a result, the convictions and sentences were not in accordance wit…
Source excerpt
S v Ngene (A605/15, 419/15, 05/2015, D509/2014) [2015] ZAGPPHC 982 (31 August 2015)
High Court review setting aside magistrate’s proceedings because the magistrate was unable to continue due to serious health problems.
S v Mathabatha (SR146/04) [2004] ZAFSHC 99 (4 November 2004)
The High Court set aside criminal proceedings after the magistrate became unable to continue, allowing the prosecution to restart the case de novo before another magistrate.
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