South Africa Case Law

S v Majola (R60/2021; C1181/2021)

S v Majola (R60/2021; C1181/2021) [2021] ZAMPMHC 36 (24 December 2021)

Court

Middelburg High Court, Mpumalanga

Case number

R60/2021; C1181/2021

Judges

Ratshibvumo, Vukeya

The court found that although the magistrate's questioning under section 112(1)(b) was inadequate, the necessary facts emerged during mitigation, justifying confirmation of the conviction. However, the sentence of 24 months' imprisonment was disproportionate to the offence and failed to balance the interests of society, the offender, and the crime. The magistrate overemphasized previous convictions, disregarding the principle that offenders should not be punished twice for past offences. The court held that a wholly suspended sentence was appropriate, given the minor nature of the theft and t…

Source excerpt

• Theft
• Sentencing Principles
• Previous Convictions
• Section 112 1 B Criminal Procedure Act
• Suspended Sentence

S v Tsotetsi; S v Thinyane; S v Tladi (R272/2018; R352/2018; R353/2018)

S v Tsotetsi; S v Thinyane; S v Tladi (R272/2018; R352/2018; R353/2018) [2018] ZAFSHC 212 (28 December 2018)

Court

Free State High Court, Bloemfontein

Case number

R272/2018; R352/2018; R353/2018

Judge

Musi

The High Court set aside three speeding convictions on automatic review, finding the magistrate's section 112(1)(b) questioning was leading and inadequate.

• Guilty Plea Procedure
• Section 112 1 B Criminal Procedure Act
• Speeding Offence
• Conviction And Sentence Review
• Guilty-plea-procedure
• Section-112-1-b

S v Magobotwane (239/2017)

S v Magobotwane (239/2017) [2017] ZAGPPHC 864 (3 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

239/2017

Judges

De Vos, Maakane

High Court review of a guilty-plea conviction was set aside because the plea inquiry did not establish intent and unlawfulness under section 112(1)(b).

• Section 112 1 B Criminal Procedure Act
• Conviction Review
• Unlawfulness And Intent
• Setting Aside Conviction
• Guilty-plea-inquiry
• Criminal-procedure-act

S v Maja (99/2017)

S v Maja (99/2017) [2017] ZAGPPHC 883 (12 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

99/2017

Judges

C J Van der Westhuizen, N. Ranchod

The High Court set aside a guilty plea conviction for assault with intent to do grievous bodily harm, substituting a conviction for assault and seven months' imprisonment.

• Plea Explanation
• Assault With Intent To Do Grievous Bodily Harm
• Section 112 1 B Criminal Procedure Act
• Conviction Setting Aside
• Remittal Discretion
• Criminal-law

S v Phala (20110161)

S v Phala (20110161) [2011] ZAECGHC 74 (30 November 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

20110161

Judges

M Makaula, E Revelas

Automatic review set aside a guilty plea conviction after the magistrate failed to inform the accused of legal representation rights and inadequately questioned him.

• Right To Legal Representation
• Plea Procedure
• Section 112 1 B Criminal Procedure Act
• Irregularity In Criminal Proceedings
• Right-to-legal-representation
• Guilty-plea-procedure

Baatjies v S (A373/2008)

Baatjies v S (A373/2008) [2009] ZAWCHC 112 (6 February 2009)

Court

Western Cape High Court, Cape Town

Case number

A373/2008

Judges

Yekiso, Mitchell

Appeal decision setting aside convictions and sentence after irregular plea questioning failed to establish all elements of the offences.

• Section 112 1 B Criminal Procedure Act
• Failure Of Justice
• Conviction Irregularity
• Protection Order Violation
• Assault
• Section-112-criminal-procedure-act

S v Machitje (763/2008)

S v Machitje (763/2008) [2009] ZAFSHC 7 (29 January 2009)

Court

Free State High Court, Bloemfontein

Case number

763/2008

Judges

C. H. G. Van der Merwe, A. F. Jordaan

The High Court set aside a guilty-plea conviction because the accused’s answers did not clearly admit an intention to steal. The matter was remitted under section 113.

• Housebreaking
• Intention To Steal
• Section 112 1 B Criminal Procedure Act
• Section 113 Criminal Procedure Act
• Section 312 1 Criminal Procedure Act
• Criminal-law

S v Dlamini (456/2008)

S v Dlamini (456/2008) [2008] ZAFSHC 80 (14 August 2008)

Court

Free State High Court, Bloemfontein

Case number

456/2008

Judges

C. H. G. VAN DER MERWE, G. F. WRIGHT

On automatic review, the High Court set aside a conviction and sentence because the record of the plea and sentencing proceedings could not be reconstructed.

• Automatic Review
• Record Reconstruction
• Section 302 Criminal Procedure Act
• Section 112 1 B Criminal Procedure Act
• Setting Aside Conviction
• Automatic-review

S v Ndondo (971/2006)

S v Ndondo (971/2006) [2006] ZAFSHC 158 (19 October 2006)

Court

Free State High Court, Bloemfontein

Case number

971/2006

Judges

Rampai, Kruger

The accused did not unequivocally admit that his driving faculties were impaired by alcohol, which is an essential element of the offence under section 65(1) of Act No. 93/1996. The magistrate's reliance on the accused's ambiguous answer and the mere fact of alcohol consumption and smell was insufficient to establish guilt beyond reasonable doubt. The court held that inferential reasoning is not permitted under section 112(1)(b) and that the accused's admissions did not sustain the conviction. The conviction and sentence were set aside, and the matter was remitted for further questioning to p…

Source excerpt

• Driving Under Influence
• Section 65 Road Traffic Act
• Section 112 1 B Criminal Procedure Act
• Admission Of Elements
• Impaired Driving Faculties

S v Popo (634/2005)

S v Popo (634/2005) [2005] ZAFSHC 60 (23 June 2005)

Court

Free State High Court, Bloemfontein

Case number

634/2005

Judges

M.H. Rampai, C.H.G. Van der Merwe

The High Court set aside a conviction under the Domestic Violence Act because the charge sheet was materially defective and section 112 questioning was inadequate.

• Domestic Violence Act
• Defective Charge Sheet
• Section 112 1 B Criminal Procedure Act
• Protection Order Violation
• Domestic-violence-act
• Defective-charge-sheet