South Africa Case Law

S v Essop and Another (94/2020)

S v Essop and Another (94/2020) [2021] ZAGPPHC 576 (17 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

94/2020

Judges

R G Tolmay, H De Vos

Although section 304A of the Criminal Procedure Act is not applicable to accused who are legally represented, the High Court may intervene in the interests of justice where a gross irregularity has occurred. In this case, accused number two was convicted on both the main count and the alternative counts, resulting in an impermissible duplication of convictions. The irregularity is of such a nature that it would inevitably lead to the setting aside of the convictions and sentences if left unaddressed. To avoid unnecessary delay and piecemeal litigation, the High Court set aside the duplicated…

Source excerpt

• Duplication Of Convictions
• Special Review
• Section 304a
• Irregularity In Proceedings
• Admissibility Of Hearsay Evidence

S v Mahlaule (A322/14)

S v Mahlaule (A322/14) [2014] ZAGPPHC 466 (13 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

A322/14

Judges

S P Mothle, EM Makgoba

On special review, the High Court set aside a conviction after the accused’s mental illness raised doubt about the justice of the proceedings.

• Mental Illness
• Criminal Procedure Act
• Conviction Review
• Section 304a
• Section 303
• Mental-illness