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S v Thabethe and Another (641/15 , 1342/15, A368/2016) [2016] ZAGPPHC 513 (24 May 2016)
On special review, the High Court set aside an incomplete postponed sentence because the magistrate omitted the required order under section 297(1)(a)(ii).
S v Bhiya (A820/15) [2015] ZAGPPHC 889 (5 November 2015)
On special review, the High Court confirmed a magistrate’s theft conviction and suspended sentence, but amended the order to add an explicit condition.
S v Didloft (CA&R No 296/2012) [2012] ZAECGHC 77 (17 September 2012)
High Court review holding that a compensatory order linked to a theft sentence was procedurally unfair and not properly connected to the offence, so it was set aside.
Masobelele v S (CAF 3/2011) [2011] ZANWHC 22 (24 May 2011)
The trial court committed a gross irregularity by putting the suspended sentence into operation without conducting an inquiry into the appellant's failure to compensate the complainant. The audi alteram partem rule was not observed, and the court did not exercise its discretion judicially as required by section 297(6)(b) of the Criminal Procedure Act. Furthermore, the wording of the compensation condition was misleading, conflating section 297 and section 300 orders. The suspended sentence's operation must be set aside, and the matter remitted for proper consideration before a different magis…
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S v Macebele (B478/2006) [2007] ZAGPHC 80 (12 February 2007)
On automatic review, the High Court confirmed the conviction but remitted the sentence issue because the magistrate failed to consider deferred payment of an unaffordable fine.
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