South Africa Case Law

Sebofi v S (A136/2014)

Sebofi v S (A136/2014) [2016] ZAGPJHC 290 (25 October 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A136/2014

Judges

R M Keightley, S Kuny

The High Court's remittal order was clear and limited the magistrate's powers to hearing new evidence only on the DNA and cellphone records. The magistrate exceeded this mandate by recalling witnesses and eliciting evidence on broader issues, including matters already decided and credibility findings. This constituted a gross irregularity, vitiating the trial and undermining the appellant's right to a fair trial. The irregularity was so fundamental that it was impossible to separate the permissible evidence from the impermissible, and the only appropriate remedy was to set aside the convictio…

Source excerpt

• Irregularity In Trial
• Remittal Of Case
• Double Jeopardy
• Section 304 Criminal Procedure Act
• Fair Trial Rights

S v Du Plessis (A45/16)

S v Du Plessis (A45/16) [2016] ZAGPPHC 60 (28 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

A45/16

Judges

A. A. Louw, R. G. Tolmay

The High Court found that Imoné du Plessis was not informed of the consequences of paying an admission of guilt fine, namely that it would result in a criminal conviction and record. This omission constituted a failure of justice and an infringement of her right to a fair trial. The court relied on precedent (S v Claasen, S v Gilgannon, S v Tong) which established that such convictions must be set aside where the accused was not properly informed. The court held that the same principles apply to fines paid after appearance in court under section 57A. Accordingly, the conviction and sentence w…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record
• Fair Trial Rights
• Special Review
• Section 304 Criminal Procedure Act

S v Duze (618/2010)

S v Duze (618/2010) [2011] ZAFSHC 4 (6 January 2011)

Court

Free State High Court, Bloemfontein

Case number

618/2010

Judge

G.F. Wright, R

High Court review of a regional court conviction for attempted murder. The conviction and sentence were set aside because the plea did not support the offence.

• Attempted Murder
• Conviction Review
• Section 304 Criminal Procedure Act
• Plea And Admission
• Criminal-law
• Attempted-murder