South Africa Case Law

S v Marais (CC56/2024)

S v Marais (CC56/2024) [2024] ZAGPPHC 1214 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC56/2024

Judge

Mosopa

The court found that the accused, Johan Marais, admitted all elements of the crime of murder in his section 112(2) statement, including acting in common purpose with other police officers, intentionally and unlawfully killing the deceased, Caiphus Nyoka, who posed no threat and was unarmed. The accused confirmed the statement was made voluntarily and with full understanding of his rights. The State accepted the admissions and did not lead any evidence to the contrary. The court was satisfied that the accused's plea and admissions established his guilt beyond reasonable doubt and returned a ve…

Source excerpt

• Murder
• Common Purpose
• Unlawful Instructions
• Section 112 2 Criminal Procedure Act
• Intentional Killing

S v Mmetsing (231/17, A483/17)

S v Mmetsing (231/17, A483/17) [2017] ZAGPPHC 699 (27 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

A483/17

Judges

BAM, S POTTERILL

The High Court set aside a magistrate’s section 113 plea withdrawal and sent the matter back for sentencing, holding the guilty plea to culpable homicide had been properly accepted.

• Culpable Homicide
• Section 112 2 Criminal Procedure Act
• Section 113 Criminal Procedure Act
• Plea Acceptance
• Sentencing Procedure
• Criminal-procedure

S v Mbaba (70/2006)

S v Mbaba (70/2006) [2006] ZAFSHC 165 (16 November 2006)

Court

Free State High Court, Bloemfontein

Case number

70/2006

Judges

G.F. Wright, C. Van Zyl

On special review, the High Court set aside a conviction for housebreaking with intent to rape and replaced it with a conviction for rape only.

• Rape
• Housebreaking With Intent
• Section 112 2 Criminal Procedure Act
• Conviction Review
• Criminal-law
• Guilty-plea

S v Kock (CA&R 90/04)

S v Kock (CA&R 90/04) [2004] ZANCHC 108 (30 August 2004)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 90/04

Judges

C C Williams, S A Majiedt

The court granted condonation, set aside convictions and sentences on three counts, and remitted the matter for retrial after finding section 112(2) was not properly complied with.

• Condonation For Late Appeal
• Plea Procedure
• Section 112 2 Criminal Procedure Act
• Conviction On Plea
• Sentencing Procedure
• Condonation-for-late-appeal