South Africa Case Law

Reggio and Another v Regional Magistrate, Belville Specialised Commercial Crimes Court (Mrs Sonnenberg) and Others (18554/2023)

Reggio and Another v Regional Magistrate, Belville Specialised Commercial Crimes Court (Mrs Sonnenberg) and Others (18554/2023) [2025] ZAWCHC 50 (14 February 2025)

Court

Western Cape High Court, Cape Town

Case number

18554/2023

Judges

Mthimunye, D Thulare

The High Court found that the Magistrate had, in substance, considered the factors listed in section 342A(2) of the Criminal Procedure Act, even if not verbatim. The record demonstrated that the Magistrate enquired into the duration and reasons for the delay, the seriousness and complexity of the charges, and whether any party could be blamed for the delay. The State had provided all documents in its possession and was not relying on the information sought by the Applicants. The Magistrate's refusal to strike the matter from the roll and decision to postpone for trial did not amount to a gros…

Source excerpt

• Criminal Procedure Act Section 342a
• Unreasonable Delay In Trial
• Review Of Magistrates Court Decisions
• Right To Fair Trial
• Pre Trial Conference
• Disclosure Of Evidence

Mgaga v Britz N.O. and Another (19935/2022)

Mgaga v Britz N.O. and Another (19935/2022) [2024] ZAGPJHC 480 (20 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

19935/2022

Judges

Noko, Bokako

The High Court found that the magistrate was not biased and did not commit a reviewable irregularity. The applicant was afforded opportunities to present his case, including launching an application to re-open the case and challenging the ruling to submit a buccal sample. The evidence presented by the applicant did not satisfy the requirements for re-opening the case, as no new material evidence was provided. The court held that the absence of chain of custody for the previous buccal samples justified the order for a new sample, and the applicant's constitutional rights were not unreasonably…

Source excerpt

• Review Of Magistrates Court Decisions
• Chain Of Custody
• Forensic Dna Evidence
• Reopening Of Case
• Judicial Bias
• Constitutional Rights Limitation

Green Outdoor Gym (Pty) Ltd and Another v Ogana and Another (2022/4340)

Green Outdoor Gym (Pty) Ltd and Another v Ogana and Another (2022/4340) [2023] ZAGPJHC 691 (13 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/4340

Judge

R. Shepstone

The High Court reviewed and set aside a magistrate’s transfer order, holding that a court without jurisdiction could not transfer the matter.

• Jurisdiction Of Magistrates Courts
• Review Of Magistrates Court Decisions
• Transfer Of Actions
• Procedural Irregularity
• Magistrates-court-jurisdiction
• Review-of-lower-court-decisions

S v Mavimbela and Others (R113/19)

S v Mavimbela and Others (R113/19) [2020] ZAMPMBHC 35; 2021 (1) SACR 145 (MM) (22 April 2020)

Court

Mbombela High Court, Mpumalanga

Case number

R113/19

Judges

B M Ngoepe, C Pretorius, M T Mankge

Full Bench review holding that Skukuza was duly appointed for regional court sittings and that Judge President directives under section 8(4)(c) were binding.

• Judicial Management
• Coordination Of Judicial Functions
• Magistrates Courts Act
• Superior Courts Act
• Validity Of Directives
• Review Of Magistrates Court Decisions

S v Adanlawa (201/15, A375/2015)

S v Adanlawa (201/15, A375/2015) [2015] ZAGPPHC 495 (11 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

201/15, A375/2015

Judges

BAM, S POTTERILL

High Court review setting aside an admission of guilt after finding the accused likely did not understand its consequences.

• Admission Of Guilt
• Criminal Procedure Act Section 304
• Theft
• Review Of Magistrates Court Decisions
• Admission-of-guilt
• Criminal-procedure