South Africa Case Law

S v Siduna and Others (HC 14/23)

S v Siduna and Others (HC 14/23) [2023] ZANWHC 201; 2025 (1) SACR 108 (NWM) (31 October 2023)

Court

North West High Court, Mafikeng

Case number

HC 14/23

Judges

Petersen, Reddy

The court found that the sentences imposed in five of the six matters were incompetent, as section 112(1)(a) of the Criminal Procedure Act does not permit direct imprisonment or fines exceeding R5000. The offences in those matters were serious and should not have been disposed of under section 112(1)(a). In the sixth matter, the fine imposed exceeded the statutory cap. The Adjustment of Fines Act does not apply to section 112(1)(a) proceedings. The sentences in all six matters were reviewed and set aside, with a competent sentence imposed in the sixth matter. The judgment was directed to the…

Source excerpt

• Section 112 1 A Criminal Procedure Act
• Gross Irregularity
• Competent Sentence
• Adjustment Of Fines Act
• Immigration Act Offences
• Road Traffic Act Offence

S v Botha (A208/14)

S v Botha (A208/14) [2014] ZAGPPHC 225 (27 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A208/14

Judges

H. J. Fabricius, D.S. Fourie

On special review, the High Court set aside proceedings where an admission of guilt fine was paid after the charge had already been withdrawn.

• Road Traffic Act Offence
• Admission Of Guilt Fine
• Withdrawal Of Charge
• Criminal Procedure Act Section 57
• Admission-of-guilt-fine
• Withdrawal-of-charge