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South Africa Case Law

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Criminal Law [2023] ZAGPJHC 842

Vilakasi v S (A55/2023)

Vilakasi v S (A55/2023) [2023] ZAGPJHC 842 (26 July 2023)

The High Court held that leave to appeal against conviction cannot be granted before sentence and referred the criminal matter back for sentencing.

  • Leave To Appeal
  • Sentencing Procedure
  • Wrong Judgment Amendment
  • Section 275 Criminal Procedure Act
  • Section 176 Criminal Procedure Act
  • Criminal-appeal
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Criminal Law [2018] ZAGPPHC 758

Masemola v S (A42/18)

Masemola v S (A42/18) [2018] ZAGPPHC 758 (1 March 2018)

High Court review set aside a conviction for housebreaking and theft because the guilty plea and evidence were not mechanically recorded.

  • Housebreaking And Theft
  • Mechanical Recording Failure
  • Section 275 Criminal Procedure Act
  • Setting Aside Conviction
  • Special-review
  • Criminal-procedure
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Criminal Law [2007] ZAGPHC 204

S v Thobela (258/07)

S v Thobela (258/07) [2007] ZAGPHC 204; 2008 (1) SACR 605 (W) (11 September 2007)

The High Court set aside a part-heard assault trial and acquitted the accused because long, unexplained delays violated his right to a fair, speedy trial.

  • Unreasonable Delay
  • Fair Trial Rights
  • Magistrate Unavailability
  • Acquittal Due To Delay
  • Section 275 Criminal Procedure Act
  • Unreasonable-delay
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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.