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South Africa decisions
Decisions matching the current search
S v Du Preez (HC 05/2023) [2023] ZANWHC 197 (1 November 2023)
Automatic review of a guilty plea for drug possession was set aside because the magistrate convicted without scientific analysis certificates and reliable proof.
Tema and Others v Limpopo Head of Department for Health and Others (4292/2022) [2023] ZALMPPHC 19 (3 May 2023)
The court declared human remains to be those of the applicants’ missing brother, ordered release for burial, and directed issuance of a death certificate.
S v Paulse (208/22;29/22;15/932/2021) [2022] ZAWCHC 145; 2022 (2) SACR 451 (WCC) (29 July 2022)
The court held that the magistrate erred in convicting the accused solely on her admissions during section 112(1)(b) questioning, without any supporting scientific evidence or section 212 certificate to confirm the nature of the substances. The accused was unrepresented and her admissions regarding the identity of the substances were not based on personal scientific knowledge. The authorities require that, in such circumstances, the court must request and consider scientific evidence before convicting. The absence of such evidence rendered the convictions unsafe and not in accordance with jus…
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Gamede and Othes v S (AR 434/08) [2009] ZAKZPHC 40 (4 September 2009)
The court found that the State had led sufficient evidence to prove that the gas chromatographs used to analyse the substances functioned correctly and reliably, satisfying both external and internal standards. The procedures described by the expert witnesses, including the use of certified reference materials and regular evaluation, were adequate to establish reliability. The challenges raised regarding the weighing scale and possible contamination were considered remote possibilities and did not require further evidence from the State. The court held that the evidence against the first appe…
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