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 Molefe; S v Goodman (R346-2018; R348-2018)

S v Molefe; S v Goodman (R346-2018; R348-2018) [2018] ZAFSHC 217 (24 December 2018)

Court

Free State High Court, Bloemfontein

Case number

R346/2018; R348/2018

Judge

Musi

On special review, the High Court set aside a theft conviction and sentence entered under section 112(1)(a) of the Criminal Procedure Act, holding the procedure was inappropriate for a serious common-law offence.

• Theft
• Section 112 1 A Criminal Procedure Act
• Minor Offences
• Plea Of Guilty
• Conviction And Sentence
• Criminal-law

S v M (87/2017)

S v M (87/2017) [2017] ZAFSHC 107 (29 June 2017)

Court

Free State High Court, Bloemfontein

Case number

87/2017

Judges

J.J Mhlambi, N.M Mbhele

A special review set aside a child offender’s fine for theft and replaced it with caution and discharge after the court found the magistrate had over-relied on a probation report.

• Theft
• Child Offender Sentencing
• Section 112 1 A Criminal Procedure Act
• Fine Vs Suspended Sentence
• Criminal-law
• Child-offender-sentencing

S v Mahako (403/2011)

S v Mahako (403/2011) [2012] ZAFSHC 83 (3 May 2012)

Court

Free State High Court, Bloemfontein

Case number

403/2011

Judges

Lekale, Mhlambi

The court confirmed the convictions but set aside a composite sentence imposed after guilty pleas, holding it exceeded the court’s sentencing jurisdiction.

• Sentencing Jurisdiction
• Composite Sentence
• Section 112 1 A Criminal Procedure Act
• Drugs And Drug Trafficking Act
• Immigration Act Offences
• Criminal-law

S v Nkosi (K1517/06)

S v Nkosi (K1517/06) [2007] ZAGPHC 71 (4 June 2007)

Court

High Courts - Gauteng

Case number

K1517/06

Judges

M F Legodi, N M Mavundla

On automatic review, the High Court confirmed convictions for theft and malicious damage to property but reduced a 12-month prison sentence and suspended the damage-to-property sentence.

• Sentencing
• Section 112 1 A Criminal Procedure Act
• Malicious Damage To Property
• Theft
• Compensation
• Suspended Sentence