South Africa Case Law

Director of Public Prosecutions v Tsupa and Others (65/2019)

Director of Public Prosecutions v Tsupa and Others (65/2019) [2021] ZAFSHC 80 (31 March 2021)

Court

Free State High Court, Bloemfontein

Case number

65/2019

Judge

Daniso

The court found that the applicant's amended notice of motion was procedurally defective and a nullity due to non-compliance with the rules of court regarding amendments. The application for reservation of a question of law under section 319 was incompetent because such reservation must be made by the trial court during the trial, not after acquittal when the court is functus officio. The applicant's reliance on Mokgotho was misplaced, as that case involved a reservation made at the trial court. The court further found that the applicant had been pre-warned of the provisions of section 342A a…

Source excerpt

• Reservation Of Question Of Law
• Section 319 Criminal Procedure Act
• Section 342a Criminal Procedure Act
• Leave To Appeal
• Costs Punitive Scale

Director of Public Prosecutions: Limpopo v Molope and Another (1109/19)

Director of Public Prosecutions: Limpopo v Molope and Another (1109/19) [2020] ZASCA 69; [2020] 3 All SA 633 (SCA); 2020 (2) SACR 343 (SCA) (18 June 2020)

Court

Supreme Court of Appeal

Case number

1109/19

Judges

Cachalia JA, Saldulker JA, Dlodlo JA

The majority held that the requirements for reserving a question of law under section 319 of the Criminal Procedure Act were not met. The trial court failed to accurately frame the question of law and did not set out the factual findings upon which the point hinged. The State's application merely summarised evidence without clarifying the trial court's findings. The reserved question essentially required an inquiry into the assessment of evidence, which is a question of fact, not law. The appeal was dismissed on the basis that the procedural requirements for reservation of a question of law w…

Source excerpt

• Section 319 Criminal Procedure Act
• Discharge At Close Of State Case
• Common Purpose Liability
• Kidnapping
• Murder
• Prima Facie Case

S v Khoza en Andere (61/89)

S v Khoza en Andere (61/89) [1990] ZASCA 142; 1991 (1) SA 793 (AD); [1991] 3 All SA 971 (AD) (26 November 1990)

Court

Supreme Court of Appeal

Case number

61/89

Judges

Hoexter, Van Heerden, Smalberger, Nienaber, Preiss

Appeal postponed sine die and remitted for proper reservation of a legal question under section 319(1) of the Criminal Procedure Act.

• Autrefois Convict
• Section 319 Criminal Procedure Act
• Judicial Discretion
• Abuse Of Process
• Autrefois-convict
• Section-319-criminal-procedure-act