South Africa Case Law

Uchechukwu v Govuza and Another (3728/2023)

Uchechukwu v Govuza and Another (3728/2023) [2024] ZAECMKHC 22; 2024 (2) SACR 51 (ECMk) (20 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3728/2023

Judges

T.V Norman, V. Noncembu

The court found that the oral plea and sentence agreement between the applicant and the State was invalid as it was not in writing, not authorised by the Director of Public Prosecutions, and not disclosed to the court prior to the plea, in contravention of section 105A of the Criminal Procedure Act. The applicant's legal representative was unfamiliar with the statutory requirements and misled the applicant into believing the agreement was binding, resulting in an uninformed guilty plea. Furthermore, the applicant did not admit all elements of the offence, specifically that 'Tik' is a dangerou…

Source excerpt

• Plea And Sentence Agreements
• Section 105a Criminal Procedure Act
• Fair Trial Rights
• Conviction And Sentence Review
• Legal Representative Incompetence

Assegai v S (K/S 7/2020)

Assegai v S (K/S 7/2020) [2023] ZANCHC 2 (20 January 2023)

Court

Northern Cape High Court, Kimberley

Case number

K/S 7/2020

Judges

Williams, Lever, Moses

The trial court failed to comply with the mandatory procedure under section 105A of the Criminal Procedure Act by convicting the appellant before considering the agreed sentence and by not affording the parties an opportunity to withdraw from the agreement when it intended to impose a different sentence. Both parties agreed that this constituted a fatal irregularity. The appellate court distinguished the present case from S v DJ, as the appellant had confirmed all requirements under section 105A(6)(a) and expressly wished to implement the plea and sentencing agreement. The court assessed whet…

Source excerpt

• Plea And Sentence Agreement
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Section 105a Criminal Procedure Act
• Proportionality In Sentencing

Moamogoe v S (191/2019)

Moamogoe v S (191/2019) [2020] ZASCA 106; 2021 (1) SACR 121 (SCA) (18 September 2020)

Court

Supreme Court of Appeal

Case number

191/2019

Judges

Saldulker, Mbha, Van Der Merwe, Schippers, Mabindla-Boqwana

The Supreme Court of Appeal dismissed an appeal against sentence based on a plea and sentence agreement, holding the challenge belonged in review, not appeal.

• Plea And Sentence Agreement
• Appeal Vs Review
• Section 105a Criminal Procedure Act
• Sentence Concurrency
• Plea-and-sentence-agreement
• Criminal-appeals

Knight v S (A731/2016)

Knight v S (A731/2016) [2017] ZAGPPHC 455; 2017 (2) SACR 583 (GP) (31 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

A731/2016

Judges

Baqwa, Hawyes

The trial court failed to comply with the mandatory provisions of section 105A(8) of the Criminal Procedure Act by not pronouncing a conviction prior to sentencing the appellant. Additionally, there was no proof provided that the prosecutor was authorised by the National Director of Public Prosecutions to enter into the plea and sentencing agreement, nor was such authorisation mentioned during the proceedings. These omissions constitute fatal irregularities, rendering the conviction and sentence invalid. The record does not reflect a proper conviction, and the respondent's attempt to rely on…

Source excerpt

• Plea And Sentence Agreement
• Section 105a Criminal Procedure Act
• Conviction Pronouncement
• Judicial Matters Amendment Act
• Record Of Proceedings

S v Roodt (A123/17)

S v Roodt (A123/17) [2017] ZAGPPHC 835 (20 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A123/17

Judges

N Janse Van Nieuwenhuizen, C.P. Rabie

The High Court set aside a conviction and sentence after the regional court failed to follow section 105A when rejecting a plea agreement and imposing a harsher sentence.

• Plea Agreement
• Section 105a Criminal Procedure Act
• Review Proceedings
• Conviction And Sentence
• Plea-agreements
• Criminal-procedure-act

Taylor v S (27172/03)

Taylor v S (27172/03) [2005] ZAWCHC 80; 2006 (1) SACR 51 (C) (24 October 2005)

Court

Western Cape High Court, Cape Town

Case number

27172/03

Judges

Yekiso, Veldhuizen

The High Court found that the regional magistrate followed the prescribed procedure under section 105A of the Criminal Procedure Act when accepting the plea and sentence agreement. The accused was legally represented, confirmed his understanding and acceptance of the agreement in open court, and there was no evidence of undue influence or irregularity. The magistrate satisfied herself that the sentence agreement was just before imposing sentence. The applicant's complaints regarding inadequate representation and misleading advice were not supported by the record or affidavits from the legal r…

Source excerpt

• Plea And Sentence Agreement
• Section 105a Criminal Procedure Act
• Review Of Magistrates Court
• Fair Trial Rights