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South Africa Case Law

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Criminal Law [2006] ZAFSHC 158

S v Ndondo (971/2006)

S v Ndondo (971/2006) [2006] ZAFSHC 158 (19 October 2006)

Court
Free State High Court, Bloemfontein
Case number
971/2006
Judges
Rampai, Kruger

The accused did not unequivocally admit that his driving faculties were impaired by alcohol, which is an essential element of the offence under section 65(1) of Act No. 93/1996. The magistrate's reliance on the accused's ambiguous answer and the mere fact of alcohol consumption and smell was insufficient to establish guilt beyond reasonable doubt. The court held that inferential reasoning is not permitted under section 112(1)(b) and that the accused's admissions did not sustain the conviction. The conviction and sentence were set aside, and the matter was remitted for further questioning to p…

Source excerpt

  • Driving Under Influence
  • Section 65 Road Traffic Act
  • Section 112 1 B Criminal Procedure Act
  • Admission Of Elements
  • Impaired Driving Faculties
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Criminal Law [2006] ZANCHC 16

S v Jafta (306/2005)

S v Jafta (306/2005) [2006] ZANCHC 16 (10 March 2006)

Court
Northern Cape High Court, Kimberley
Case number
306/2005
Judges
F D Kgomo, B C Molwantwa

The Magistrate acted grossly irregularly by advising or influencing the accused to dispense with legal representation simply because he intended to plead guilty. The refusal to grant a reasonable postponement for the accused to secure private legal representation, coupled with the lack of proper questioning in terms of section 112(1)(b) of the Criminal Procedure Act, resulted in a denial of the accused's constitutional right to a fair trial. The absence of documentary proof for the denial of legal aid and the failure to establish whether the accused admitted all elements of the offence furthe…

Source excerpt

  • Right To Legal Representation
  • Fair Trial
  • Section 65 Road Traffic Act
  • Section 112 Criminal Procedure Act
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.