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South Africa decisions
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S v Tshabalala (SS30/2022) [2022] ZAGPJHC 881 (11 November 2022)
The High Court held that the accused’s plea amounted to murder under section 51(1) of the CLAA and imposed life imprisonment, finding no substantial and compelling circumstances.
Doorewaard and Another v S (CC33/2017) [2019] ZANWHC 25 (23 May 2019)
The court found that the grounds of appeal raised by the applicants had been comprehensively addressed in the main judgment, and no reasonable prospect existed that another court would reach a different conclusion. The evidence of Mr. Pakisi was properly considered, and credibility findings were made. The failure to call Seponkane as a witness was a neutral factor, as he was made available to the defence, who did not subpoena him; no irregularity occurred. The principles of common purpose were correctly applied, with both applicants acting in concert and neither dissociating themselves. The s…
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S v DeVries and Others (67/2005) [2008] ZAWCHC 8; 2008 (4) SA 441 (C); 2008 (1) SACR 580 (C) (18 February 2008)
The applications by the accused to declare the NDPP's POCA authorization and the centralization directive invalid, and to set aside the charges, are refused. The trial court cannot review its own proceedings at this late stage; any challenge to the validity of the authorization or directive must be made by way of a special entry under s 317 of the Criminal Procedure Act for consideration by a higher court. The authorization and directive were handed up at the start of trial without objection, and the accused pleaded not guilty, thereby consenting to the court's jurisdiction under s 110(1)(b).…
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