South Africa Case Law

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

Source excerpt

• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

S.M v Minister of Justice and Correctional Services and Others (3424/2023)

S.M v Minister of Justice and Correctional Services and Others (3424/2023) [2024] ZAECMHC 61; 2025 (1) SACR 65 (ECM) (9 July 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3424/2023

Judges

L Rusi, M Notununu

The High Court set aside a final protection order for procedural unfairness, finding the applicant was not properly heard, but found no bias or malice.

• Domestic Violence Act
• Review Of Magistrates Decisions
• Audi Alteram Partem
• Procedural Irregularity
• Bias And Malice
• Interim And Final Protection Orders

S v Nonjini (A239/15)

S v Nonjini (A239/15) [2015] ZAGPPHC 220; 2016 (1) SACR 404 (GP) (20 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

A239/15

Judges

D S Fourie, N B Tuchten

High Court review of a magistrate’s release order after psychiatric observation found the accused unfit to stand trial and not linked to any offence.

• Mental Health In Criminal Procedure
• Gross Irregularity
• Section 77 Criminal Procedure Act
• Review Of Magistrates Decisions
• Criminal-procedure
• Mental-health-law

S v Mtubatse (11/03)

S v Mtubatse (11/03) [2002] ZANWHC 4 (6 February 2002)

Court

North West High Court, Mafikeng

Case number

11/03

Judges

M M Leeuw, M T R Mogoeng

The High Court confirmed a conviction for assault with intent to do grievous bodily harm but found a 12-month prison sentence too severe and replaced it with a partly suspended term.

• Assault With Intent To Do Grievous Bodily Harm
• Sentencing Principles
• Review Of Magistrates Decisions
• Assault-with-intent-to-do-grievous-bodily-harm
• Sentencing-principles
• Criminal-review