South Africa Case Law

S v Macingwane (426/2023)

S v Macingwane (426/2023) [2024] ZAECMHC 71 (25 September 2024)

Court

Eastern Cape High Court, Mthatha

Case number

426/2023

Judges

L. Rusi, F. Dawood

The court found that although the magistrate failed to invite the accused to confirm the contents of her written plea statement, no prejudice resulted because the accused understood the charge, pleaded guilty, and her attorney confirmed the instructions. The conviction was therefore not vitiated by the irregularity. However, the sentence imposed was vague and did not set out clear conditions for suspension, specifically using the phrase 'similar offence' which is overly broad and imprecise. The court held that the conditions for suspension must be clear and relate directly to the offence of t…

Source excerpt

• Theft
• Guilty Plea Procedure
• Suspended Sentence
• Section 112 Criminal Procedure Act
• Sentencing Irregularity

S v Moyo (25/2022)

S v Moyo (25/2022) [2022] ZAGPJHC 250 (21 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

25/2022

Judges

S D J Wilson, M Ismail

The High Court set aside a fraud conviction on special review because the guilty plea statement did not adequately admit the elements of fraud.

• Fraud
• Guilty Plea Procedure
• Section 112 Criminal Procedure Act
• Sentencing
• Best Interests Of Children
• Guilty-plea-procedure

S v Sibanyoni (Rev 54/2021)

S v Sibanyoni (Rev 54/2021) [2021] ZALMPPHC 34 (20 July 2021)

Court

Limpopo High Court, Polokwane

Case number

REV 54/2021

Judges

Kganyago, Kgomo

The magistrate's questioning of the accused was leading and elicited admissions rather than allowing the accused to explain his conduct. The accused's explanation that he picked up the batteries from the floor and did not enter the store with the intention to steal raised a possible defence. The magistrate failed to alter the plea to not guilty as required by section 113 of the Criminal Procedure Act, thereby committing an irregularity. Furthermore, the evidence was insufficient to prove guilt beyond reasonable doubt, and the accused was not afforded a fair trial. The proceedings were not in…

Source excerpt

• Guilty Plea Procedure
• Fair Trial Rights
• Section 112 Criminal Procedure Act
• Section 113 Criminal Procedure Act
• Theft
• Judicial Irregularity

S v Makwenda (R350/2018)

S v Makwenda (R350/2018) [2018] ZAFSHC 214 (24 December 2018)

Court

Free State High Court, Bloemfontein

Case number

R350/2018

Judge

Musi, AJP

On special review, the High Court set aside a purported conviction and sentence because the accused was sentenced without a formal conviction being recorded.

• Illegal Entry
• Conviction Procedure
• Section 112 Criminal Procedure Act
• Special-review
• Sentencing
• Guilty-plea-procedure

S v Mantakana (13/2018)

S v Mantakana (13/2018) [2018] ZAECBHC 7 (12 July 2018)

Court

Eastern Cape High Court, Bhisho

Case number

13/2018

Judges

B Hartle, I Stretch

The magistrate failed to elicit the necessary admissions from the accused to sustain a conviction under section 65(1)(a) of the National Road Traffic Act. Specifically, there was no evidence or admission that the accused's driving ability was impaired by alcohol. The questioning focused on the blood alcohol concentration, which is relevant to the alternative charge under section 65(2)(a), but not to the main count. The absence of proper questioning regarding impairment constitutes a procedural irregularity. Consequently, the conviction and sentence cannot stand and must be set aside. The matt…

Source excerpt

• Drunk Driving
• National Road Traffic Act
• Plea Of Guilty
• Section 112 Criminal Procedure Act
• Review Proceedings

S v Magobotwane (239/2017, 29/2017, K513/2017, A506/17)

S v Magobotwane (239/2017, 29/2017, K513/2017, A506/17) [2017] ZAGPPHC 700 (3 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

239/2017

Judges

De Vos, Maakane

Review of a guilty-plea conviction set aside after the court found section 112(1)(b) requirements were not met and the accused’s plea failed to establish intent and unlawfulness.

• Guilty Plea Procedure
• Section 112 Criminal Procedure Act
• Conviction Requirements
• Unlawfulness And Intent
• Guilty-plea-procedure
• Criminal-procedure-act

S v Mmetsing (231/17)

S v Mmetsing (231/17) [2017] ZAGPPHC 873 (19 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

231/17

Judges

A J Bam, S Potterill

The High Court set aside a magistrate’s section 113 plea order after a guilty plea to culpable homicide, holding the court was bound by the accepted plea.

• Culpable Homicide
• Plea Procedure
• Section 112 Criminal Procedure Act
• Section 113 Criminal Procedure Act
• Criminal-procedure
• Guilty-plea

Negondeni v The State

Negondeni v The State [2015] ZASCA 132 (29 September 2015)

Court

Supreme Court of Appeal

Case number

00093/2015

Judges

Leach, Willis, Mathopo

The Supreme Court of Appeal set aside guilty pleas and sentences after finding the accused was not fairly tried, was not warned of minimum sentences, and had inadequate legal representation.

• Fair Trial Rights
• Minimum Sentencing
• Legal Representation
• Section 112 Criminal Procedure Act
• Remittal For Trial De Novo
• Criminal-law

Mynhardt v S (A55/2014)

Mynhardt v S (A55/2014) [2014] ZAFSHC 119 (7 August 2014)

Court

Free State High Court, Bloemfontein

Case number

A55/2014

Judges

N.P. Jaji, L.J. Lekale

The High Court set aside a rape conviction and sentence because the guilty plea was not properly tested under section 112 of the Criminal Procedure Act.

• Rape
• Guilty Plea Procedure
• Mental Capacity
• Mens Rea
• Section 112 Criminal Procedure Act
• Section 113 Criminal Procedure Act

Pieters v S (A176/2013)

Pieters v S (A176/2013) [2014] ZAFSHC 5 (6 February 2014)

Court

Free State High Court, Bloemfontein

Case number

A176/2013

Judges

Rampai, Monaledi

The High Court set aside a guilty-plea conviction for unlawfully selling unpolished diamonds, finding the plea statement defective and the magistrate’s questioning inadequate.

• Diamonds Act
• Plea Of Guilty
• Section 112 Criminal Procedure Act
• Unlawful Selling Of Unpolished Diamonds
• Conviction On Defective Plea
• Failure Of Justice