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South Africa decisions
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S v Buxeka (R82/2021) [2021] ZAFSHC 255 (28 October 2021)
On special review, the High Court set aside a conviction, sentence and firearm-disqualification order after finding multiple procedural irregularities in an unrepresented guilty plea.
Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4; (2020) 41 ILJ 1287 (CC); 2020 (6) BCLR 657 (CC); 2020 (4) SA 1 (CC); [2020] 9 BLLR 851 (CC) (20 March 2020)
The Constitutional Court held that SANDF employment was never validly terminated under section 59(1)(d) after the applicant’s conviction and sentence were overturned on appeal.
Nhlapho v S (A196/2017) [2018] ZAGPPHC 880 (2 August 2018)
The High Court upheld a criminal appeal because the trial record was incomplete and could not be reconstructed, making the conviction and sentence unsafe.
Barlow v S (CCT233/15) [2017] ZACC 27; 2017 (2) SACR 535 (CC); 2017 (11) BCLR 1357 (CC) (3 August 2017)
The Constitutional Court held that although there were inaccuracies and omissions in the trial and Full Court judgments, these did not materially prejudice the applicant's rights to a fair trial or to be informed of the charges. The trial court's errors were inadvertent and did not affect the substance of the convictions or sentences. The Full Court failed to expressly consider the appeal against the theft conviction, but this did not affect the effective sentence imposed, as the sentences for theft and related counts ran concurrently. There were no prospects of success on the constitutional…
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Nndwambi v Clerk of the Criminal Court, Thohoyandou Magistrate's Court and Others (539/2014) [2015] ZALMPTHC 8 (1 September 2015)
The court held that the applicant's constitutional right to appeal was not irreparably frustrated, as it had not been demonstrated that all reasonable efforts to reconstruct the missing portion of the record had been exhausted. Although the respondents failed to comply with the previous order to reconstruct the record, the applicant still had alternative remedies available, such as contempt proceedings against the non-compliant parties. The setting aside of the conviction and sentence is only justified if it is impossible to reconstruct the record and the missing portion contains essential ev…
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Hagile v S (36/2014) [2014] ZAFSHC 161 (10 September 2014)
The court found that the conditions of suspension of the sentence were vague and not precisely formulated, rendering them invalid. More critically, the presiding magistrate failed to explain the accused's rights to appeal and review, which constitutes a violation of the accused's constitutional right to a fair trial. The court agreed with previous authority that such procedural irregularities justify setting aside the conviction and sentence. Considering the interests of justice and the practical difficulties of restarting the trial, especially given the accused's location in Gauteng, the cou…
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Molaudzi v S (CCT 126/13) [2014] ZACC 15; 2014 (7) BCLR 785 (CC) (20 May 2014)
The Constitutional Court dismissed leave to appeal, holding that the challenge to conviction raised no constitutional issue and that the record delay, though unacceptable, did not vitiate the appeal.
S v Molawa; S v Mpengesi (A388/2009, A421/2009) [2010] ZAGPJHC 157; 2011 (1) SACR 350 (GSJ) (25 May 2010)
On automatic review, the High Court confirmed two criminal convictions and sentences but criticised a magistrate’s failure to give reasons at trial.
Lekgau v S (A388/2009) [2009] ZAGPPHC 234 (15 June 2009)
The court found that the Magistrate had properly considered the alleged new facts presented by the applicant, including his medical condition, financial hardship, and mental state, and correctly determined that these did not amount to exceptional circumstances warranting bail. The applicant failed to provide corroborating medical evidence, and his financial difficulties were not substantiated beyond general assertions. The recommendation for house arrest was undermined by inconsistencies and did not constitute a new fact. The seriousness of the charges, the strength of the evidence, and the r…
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Ranelo v South African Social Security Agency (1113/08) [2009] ZAECMHC 7 (4 June 2009)
High Court review of a disability grant termination: the court held the agency failed to prove proper notice of the grant’s temporary nature and reinstated the grant.
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