South Africa Case Law

Nonzukiso Security Services and Another v Regional Magistrate, Cape Town and Another (13158/18)

Nonzukiso Security Services and Another v Regional Magistrate, Cape Town and Another (13158/18) [2025] ZAWCHC 185 (30 April 2025)

Court

Western Cape High Court, Cape Town

Case number

13158/18

Judges

M Pangarker, H Slingers

The High Court dismissed a review of a magistrate’s refusal to allow a plea change, holding the application premature because the criminal case was still incomplete.

• Change Of Plea
• Review In Medias Res
• Gross Irregularity
• Section 113 Criminal Procedure Act
• Condonation
• Costs Award

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

Frank v S (AR100/18)

Frank v S (AR100/18) [2019] ZAKZPHC 31 (7 June 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR100/18

Judges

Poyo Dlwati, Bezuidenhout

The High Court set aside a guilty plea conviction and sentence in a drug-dealing appeal, holding that section 113 of the Criminal Procedure Act had to be applied.

• Plea Procedure
• Entrapment
• Section 113 Criminal Procedure Act
• Section 252a Criminal Procedure Act
• Admissibility Of Evidence
• Criminal-procedure-act

S v Sisir (R238/2018)

S v Sisir (R238/2018) [2018] ZAFSHC 211 (24 December 2018)

Court

Free State High Court, Bloemfontein

Case number

R238/2018

Judge

C. J. Musi

On special review, the High Court held that the magistrate should have applied section 113 of the Criminal Procedure Act before sentence and remitted the matter.

• Plea Of Guilty
• Section 113 Criminal Procedure Act
• Possession Of Dagga
• Asylum Permit Expiry
• Criminal-law
• Guilty-plea

S v Jita (18/2018)

S v Jita (18/2018) [2018] ZAGPPHC 801 (8 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

18/2018

Judges

Petersen, Tamaumela

On review after a guilty plea to rape, the High Court held that section 113(1) required a plea of not guilty where duress was suggested, and remitted the matter.

• Rape
• Guilty Plea Procedure
• Defence Of Duress
• Section 113 Criminal Procedure Act
• Guilty-plea-procedure
• Duress

S v M (A536/17, SR256/2017)

S v M (A536/17, SR256/2017) [2017] ZAGPPHC 698; 2018 (1) SACR 18 (GP) (17 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A536/17, SR256/2017

Judges

NB Tuchten, D Nair

High Court review of a child-accused guilty plea found no proof of criminal capacity. The conviction was not allowed to stand and the matter was remitted.

• Criminal Capacity Of Children
• Guilty Plea Procedure
• Section 113 Criminal Procedure Act
• Child-criminal-capacity
• Guilty-plea-procedure
• Criminal-procedure-act-section-113

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 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

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

S v Mathiba (280/14, A389/14)

S v Mathiba (280/14, A389/14) [2014] ZAGPPHC 318 (3 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

280/14, A389/14

Judges

BAM, S POTTERILL

High Court review of a theft conviction: the accused’s statement did not admit all elements of theft, so the conviction and sentence were set aside.

• Theft
• Elements Of Offence
• Plea Procedure
• Section 113 Criminal Procedure Act
• Breach Of Contract
• Criminal-law