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South Africa decisions
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S v Mtshali (R41/2025) [2025] ZAKZPHC 16; 2025 (1) SACR 665 (KZP) (21 February 2025)
High Court review of a shoplifting conviction: sentence and firearm disqualification were set aside, and the fine was paired with a shorter default prison term.
S v Mias (Special Review) (CA&R 64/2024) [2024] ZANCHC 104 (12 November 2024)
The magistrate exceeded his sentencing jurisdiction by imposing a sentence of four years imprisonment for stock theft, when the statutory maximum for a non-regional magistrate's court is three years. The refusal to commit the accused for sentencing by the regional court was not justified. Given the delay in review and the full facts before the High Court, it is in the interests of justice for the High Court to finalize the matter. The accused's personal circumstances, including unemployment, family responsibilities, and lack of financial motive, were considered. The prevalence of stock theft…
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S v Mosito (11/2024; RE655/2023) [2024] ZANWHC 88; 2024 (2) SACR 96 (NWM) (26 March 2024)
High Court review of a three-year theft sentence replaced it with a partially suspended term and rehabilitation conditions, emphasising proportionality and rehabilitation.
Maulana v Commission for Conciliation, Mediation and Arbitration and Others (JR912/19) [2023] ZALCJHB 354 (25 August 2023)
The Labour Court held that the review was deemed withdrawn for late filing of the record without condonation and struck it off the roll.
S v Musuia (156/21) [2021] ZAMPMHC 29 (4 November 2021)
The High Court refused a special review of a magistrate’s discharge under section 174, holding that any legal misdirection is a matter for appeal, not review.
S v Sibiya (CA & 47/2021) [2021] ZANCHC 57 (22 October 2021)
The High Court corrected a magistrate’s sentence record to state that counts 1 and 3 were taken together for sentence, and otherwise confirmed the suspended sentence.
Member of the Executive Council Education, Mpumalanga v Mokwena; In re: Mokwena v Education Labour Relation Council and Others (JR2133/16) [2021] ZALCJHB 410 (15 October 2021)
The Labour Court refused condonation, held the review was deemed withdrawn for late filing of the record, and struck the matter from the roll.
S v Woelf and Another (43/2021) [2021] ZAWCHC 89; 2021 (2) SACR 97 (WCC) (7 May 2021)
A High Court review found the mechanically recorded magistrates’ court plea record incomplete and remitted the matter for urgent reconstruction with the accused’s participation.
Jacobs v Van Der Merwe (R55/2020) [2020] ZAFSHC 153 (3 September 2020)
The High Court held that there is no legal basis for a magistrate to mero motu refer civil proceedings to the High Court for review. The correct procedure for review in civil matters is governed by Rules 6 and 53 of the Uniform Rules of Court, which require that interested parties be notified and participate. The court rejected the argument that proceedings under the Domestic Violence Act are not civil, finding that such proceedings are indeed civil and subject to ordinary civil procedure. The magistrate's submission of the matter for review was irregular and not in accordance with establishe…
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S v Dlamini (R42/2020) [2020] ZAFSHC 109 (18 June 2020)
On special review, the High Court confirmed the conviction for dealing in dagga but set aside an incompetent sentence and replaced it with wholly suspended imprisonment.
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