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South Africa decisions
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Mphetsheni v S (CA & R 57/2023) [2024] ZANCHC 65 (26 July 2024)
The High Court upheld a murder and attempted-murder conviction, but set aside a 17-year globular sentence and replaced it with separate sentences.
S v Siyaya (Sentence) (03/2024) [2024] ZAKZDHC 28; 2024 (2) SACR 282 (KZD) (16 May 2024)
The court found that the accused's conduct constituted an aggravated and wilful disregard for the safety of other road users, resulting in the deaths of eighteen children and two young adults. Although the accused did not have direct intent to kill, his actions displayed a high degree of moral blameworthiness and culpability, far exceeding ordinary recklessness. The court accepted that substantial and compelling circumstances existed, including the absence of direct intent, the accused's lack of prior convictions, and his time spent in custody, justifying deviation from the prescribed minimum…
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Mnisi v S (A106/2022) [2023] ZAGPJHC 643 (6 June 2023)
The court found that the appellant operated a vehicle that was not roadworthy, with significant mechanical defects including excessive play in the steering wheel and faulty brakes. Expert evidence established that these defects existed prior to the accident and contributed to the loss of control. The appellant's explanation for the accident was not supported by the evidence, and the court concluded that her negligence caused the death of the deceased. The sentence of 30 months' imprisonment was deemed appropriate given the seriousness of the offence, the appellant's disregard for the safety o…
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S v Du Plessis (R36/2021) [2021] ZAFSHC 158 (24 June 2021)
The court found that the magistrate failed to adequately question the accused regarding the functioning and calibration of the speed measuring device and the training of the officer who operated it. Without these admissions, not all elements of the offence were established. The proceedings were therefore not in accordance with justice, and both the conviction and sentence must be set aside.
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S v Matee (R08/2020) [2020] ZAFSHC 130 (28 May 2020)
The conviction was set aside because the trial court failed to establish the competency of the traffic operator who set up the speed measuring device and did not confirm that the calibration certificate was shown to the accused. These omissions constitute irregularities that undermine the reliability of the evidence and the fairness of the proceedings. The court emphasized that all elements of the offence must be admitted and proven, including the proper functioning and setup of the speed measuring device by a qualified person.
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S v Khambule (R07/2020) [2020] ZAFSHC 77 (13 March 2020)
On special review, the High Court set aside a speeding conviction and sentence after finding procedural irregularities about the speed device and record.
S v Bolae (R79/2018) [2019] ZAFSHC 203 (19 September 2019)
The court found that the accused did not admit all the elements of the offence in his guilty plea, specifically regarding his awareness and the technical aspects required for conviction under section 59 of the National Road Traffic Act. The magistrate failed to ensure that the accused admitted the recorded speed, the proper functioning of the speed measuring device, and the competence of the traffic operator, as required by State v Phuzi. Consequently, the proceedings were not in accordance with justice, and both the conviction and sentence must be set aside. The Director of Public Prosecutio…
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McGeer v S (A151/2018) [2019] ZAGPJHC 34 (21 February 2019)
High Court appeal in a culpable homicide case: the sentence was reduced after the trial court’s findings of drag-racing, excessive speed, and intoxication were unsupported.
Taute v S (CA&R47/2017) [2018] ZAECGHC 51; 2018 (2) SACR 263 (ECG) (26 June 2018)
Appeal against a conviction for failing to render assistance after a road accident was dismissed. The court held that negligence, not strict liability, applied.
Mlawu v S (CA&R260/2016) [2018] ZAECGHC 39 (22 May 2018)
High Court appeal dismissed. The court upheld convictions for attempted murder and negligent driving after finding the trial magistrate’s credibility findings justified.
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