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South Africa decisions
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Mitchell and Others v S (CC 04/2018) [2023] ZAECQBHC 13 (10 March 2023)
The High Court dismissed a post-conviction application for a special entry under section 317, holding it was late and lacked any basis to call witnesses.
S v Thabethe and Others (08/2022) [2022] ZAFSHC 351 (14 December 2022)
The court found that the alleged irregularity—the refusal to provide further and better particulars—was fully addressed in the judgment and forms part of the record. The accused have been provided with sufficient information to prepare for trial, including the indictment, statement of facts, and witness statements. The application for special entry is unnecessary because the irregularity, if any, appears on the record and can be raised as a ground of appeal under section 316. Furthermore, the application does not meet the requirements of section 317(1), as it is not bona fide and would consti…
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S v Bennett (SS40/2006) [2018] ZAGPJHC 501 (14 August 2018)
The court found that Bennett's applications for special entry did not satisfy the statutory requirements under section 317 of the Criminal Procedure Act. The alleged irregularities relied upon by Bennett were all matters appearing on the record and related to rulings made during the proceedings, which are not proper grounds for special entry. Furthermore, Bennett did not allege that a failure of justice had resulted from the alleged irregularities. The State's argument that the applications were not bona fide, were frivolous and amounted to an abuse of process was accepted. The applications w…
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Makumbane and Others v S (46/2013) [2014] ZASCA 116 (18 September 2014)
The Supreme Court of Appeal dismissed challenges to conviction but reduced murder sentences from life imprisonment to 20 years, confirming the other sentences.
Khoza v S (P143/09) [2014] ZAGPJHC 4; 2014 (2) SACR 236 (GJ) (11 February 2014)
High Court refused leave to appeal against robbery convictions, and dismissed condonation and special-entry applications, finding no reasonable prospects of success.
S v Jenkins, In re: S v Moosagie and Another (CC 29/2010) [2013] ZAECPEHC 6 (4 February 2013)
The High Court dismissed an application to recuse the presiding judge, refused condonation for late filing, and dismissed a special-entry application.
S v Mzizi (524/07) [2009] ZASCA 32; [2009] 3 All SA 246 (SCA) (30 March 2009)
The Supreme Court of Appeal refused condonation for late criminal appeal applications and struck the matter from the roll.
S v Dube and Others (523/07) [2009] ZASCA 28; 2009 (2) SACR 99 (SCA) ; [2009] 3 All SA 223 (SCA) (30 March 2009)
The Supreme Court of Appeal held that the failure of the Judge President to recuse himself when his wife appeared as counsel for the State constituted an irregularity that vitiated the appeal proceedings. The court found that a reasonable litigant would have entertained a reasonable apprehension of bias in these circumstances, regardless of whether actual bias was present. The fact that the appellants only became aware of the relationship after the hearing was immaterial; the perception of bias must be assessed from the perspective of the litigant, not counsel. The court emphasized that impar…
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Van Dalen and Others v S (SS57/2008) [2008] ZAWCHC 86 (21 November 2008)
The High Court refused leave to appeal and special entry in a conspiracy-to-murder case, finding no material irregularity and no reasonable prospects of success.
S v Mzizi (CC 7/2001) [2007] ZANWHC 33 (19 July 2007)
High Court granted condonation and made a special entry on whether the deceased’s dying declaration, “That’s Gugu,” was inadmissible hearsay.
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