South Africa Case Law

S v Sepotokela (A177/18,1346/2017,326/2017, 07/2017)

S v Sepotokela (A177/18,1346/2017,326/2017, 07/2017) [2018] ZAGPPHC 604 (23 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

A177/18,1346/2017,326/2017, 07/2017

Judges

N Davis, C.J Van der Westhuizen

The High Court found that the questioning of the accused by the magistrate was improper and did not comply with the basic rules governing section 112(1)(b) questioning. The magistrate's approach included cross-examination, leading questions, and attempts to persuade the accused to admit elements of the offences, which is contrary to established legal principles. The accused's explanations and denials were not properly considered, and the formal defects in the charge sheet further compromised the fairness of the proceedings. As a result, the convictions and sentences were not in accordance wit…

Source excerpt

• Driving Under Influence
• Reckless Driving
• Plea Procedure
• Section 112 1 B
• Section 113
• Review Of Magistrate Proceedings

S v Van Der Merwe (A716/2014)

S v Van Der Merwe (A716/2014) [2014] ZAGPPHC 782 (29 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

A716/2014

Judges

C Pretorius, P Lazarus

High Court review set aside a magistrate’s conviction and sentence for driving under the influence after finding gross irregularities in the section 112 plea proceedings.

• Plea Proceedings
• Section 112 1 B
• Gross Irregularity
• Driving Under Influence
• Fair Trial Rights
• Criminal-law

S v Mohapi (58/2011)

S v Mohapi (58/2011) [2011] ZAFSHC 94 (14 April 2011)

Court

Free State High Court, Bloemfontein

Case number

58/2011

Judge

Kruger

High Court review setting aside a guilty plea conviction after the accused did not admit all elements of assault with intent to do grievous bodily harm.

• Plea Procedure
• Section 112 1 B
• Section 113
• Conviction And Sentence Review
• Criminal-law
• Guilty-plea

S v Ekermans (498/2007)

S v Ekermans (498/2007) [2007] ZAFSHC 57 (5 July 2007)

Court

Free State High Court, Bloemfontein

Case number

498/2007

Judge

G.F. Wright

The High Court set aside a DUI conviction and sentence because the guilty plea record did not clearly establish all elements of the offence.

• Driving Under Influence
• Plea Explanation
• Section 112 1 B
• Section 312 Criminal Procedure Act
• Driving-under-the-influence
• Guilty-plea

S v Koker, S v Molefe (78/02, 79/02)

S v Koker, S v Molefe (78/02, 79/02) [2002] ZANCHC 11 (27 March 2002)

Court

Northern Cape High Court, Kimberley

Case number

78/02, 79/02

Judges

SA Majiedt, AJ du P Buys

On automatic review, the High Court set aside two convictions because the guilty-plea questioning failed to establish all essential elements of the offences.

• Plea Procedure
• Section 112 1 B
• Section 113
• Domestic Violence
• Assault
• Admissions Of Elements