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South Africa decisions
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Masipa v S (Appeal) (A208/2023) [2025] ZAGPPHC 602 (4 June 2025)
The High Court upheld the appeal, set aside the murder conviction and sentence, and held that common purpose and dolus eventualis were not proved.
Reggio and Another v Regional Magistrate, Belville Specialised Commercial Crimes Court (Mrs Sonnenberg) and Others (18554/2023) [2025] ZAWCHC 50 (14 February 2025)
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…
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S v Moema (Review) (HC02/2025) [2025] ZANWHC 36 (11 February 2025)
The recusal of Magistrate Tsoku after evidence had been led rendered her absolutely unavailable to continue with the trial, making her functus officio. Section 118 of the Criminal Procedure Act does not permit continuation of the trial before another magistrate in these circumstances, as evidence had already been adduced. The proceedings are therefore a nullity and must be set aside. The matter is referred back to the National Prosecuting Authority to determine whether to institute proceedings de novo before a different presiding officer. The accused cannot demand a verdict at this stage, as…
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Mudolo and Others (CC/07/2023) [2025] ZAGPPHC 59 (24 January 2025)
The High Court dismissed accused 1 and 2’s section 342A application, finding their postponement bid was a tactical delay and not a bona fide funding issue.
S v Shrosbree (Review) (23/7627/2023) [2024] ZAKZDHC 86 (8 November 2024)
The proceedings in the magistrate's court were not in accordance with justice. The State failed to tender scientific analysis certificates to prove the nature of the substances, which is a necessary evidentiary requirement for conviction on charges involving scheduled substances. The accused's plea explanation raised a defence that the Lipitor tablets were lawfully obtained by a third party with a prescription and that the substances were not his property, undermining the element of possession. The legal representation provided to the accused was inadequate and failed to protect his right to…
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Booi and Others v S (Appeal) (CA&R38/2024) [2024] ZAECMHC 86 (25 October 2024)
Appeal against murder and assault convictions succeeded because the regional court failed to comply with section 93ter on assessors.
Matsepe and Another v S (Leave to Appeal) (CC11/2021) [2024] ZAGPPHC 998 (30 September 2024)
High Court refused leave to appeal against the refusal of further particulars, finding no reasonable prospect of success and treating the matter as interlocutory.
Adane v Jaskolka and Others (006387/2024) [2024] ZAGPJHC 862 (12 September 2024)
The High Court found that the applicant was not afforded a fair trial as required by section 35(3) of the Constitution and relevant statutory provisions. The absence of an Amharic interpreter meant the applicant could not understand the proceedings or the charge against him. The Magistrate's Court failed to confirm the applicant's understanding of the plea and the implications of pleading guilty, despite the seriousness of the charge and the sentence imposed. The legal representative was not conversant in Amharic, and the interpreter present was unable to facilitate effective communication. T…
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Thulo v S (CA57/2023) [2024] ZANWHC 231 (11 September 2024)
The magistrate, having presided over the bail application and learned of the appellant's previous convictions, failed to recuse himself from the subsequent trial, resulting in a reasonable perception of bias. This irregularity was compounded by the magistrate's failure to provide reasons for the conviction and to allow the appellant an opportunity to present evidence after the section 174 application. These procedural defects violated the appellant's right to a fair trial. The delay in filing the appeal was due to difficulties in obtaining the transcribed record, which were not attributable t…
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Mpaku v S (CA31/2018) [2024] ZANWHC 184 (11 July 2024)
The High Court upheld a criminal appeal because the trial record was incomplete, making proper appellate review impossible. The conviction, sentence, and custody order were set aside.
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