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South Africa Case Law

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Criminal Law [2014] ZAGPPHC 213

S v Tswai (A229/14, DCA76/2013, 1018)

S v Tswai (A229/14, DCA76/2013, 1018) [2014] ZAGPPHC 213 (1 April 2014)

High Court review set aside a theft conviction and sentence after finding multiple material procedural irregularities in the magistrates’ court trial.

  • Procedural Irregularity
  • Right To Legal Representation
  • Amendment Of Charge Sheet
  • Trial Within Trial
  • Section 115 Criminal Procedure Act
  • Section 174 Discharge
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Criminal Law [2010] ZAGPPHC 539

S v Maphanga and Another (A269/2010)

S v Maphanga and Another (A269/2010) [2010] ZAGPPHC 539 (13 April 2010)

Automatic review of a criminal conviction was upheld as unfair trial irregularities and weak evidence led the High Court to set aside both conviction and sentence.

  • Fair Trial Rights
  • Cross Examination
  • Unsworn Statements
  • Section 115 Criminal Procedure Act
  • Section 174 Criminal Procedure Act
  • Criminal-procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.