Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Maditse v CCMA and Others (JR 2725/2019) [2021] ZALCJHB 69 (28 May 2021)
The Labour Court refused condonation for a late review of an arbitration award and dismissed the review, finding no viable basis to upset the dismissal ruling.
S v Ramahetlane and Others (7/2019 – 24/2019) [2019] ZAFSHC 19 (7 February 2019)
The High Court found that neither the questioning by the magistrate in the first 17 matters nor the admissions made by the accused in the last matter met the requirements established by the full bench in The State v Enoc Phuzi. The court emphasized that the principle of stare decisis applies, and as such, all convictions and sentences must be set aside for failing to comply with the prescribed standards for conviction and sentencing in automatic and special review proceedings under section 59(4) of the National Road Traffic Act.
Source excerpt
S v Ramahetlane and Others (R7/2019 - R24/2019) [2019] ZAFSHC 1 (7 February 2019)
The court found that the questioning by the magistrate in the first 17 cases and the admissions made by Mr Rautenbach in the last case did not comply with the procedural requirements established by the full bench in The State v Enoc Phuzi. The principle of stare decisis mandates that these requirements be followed. As a result, all convictions and sentences in the reviewed matters were unlawful and must be set aside.
Source excerpt
S v Phuzi (R254/2018) [2018] ZAFSHC 213; 2019 (2) SACR 648 (FB) (28 December 2018)
Section 59(4) of the National Road Traffic Act does not create strict liability. Fault in the form of either intention (dolus) or negligence (culpa) is required for a conviction. The seriousness of the offence and the potential for imprisonment demand strict adherence to procedural safeguards. When an accused pleads guilty under section 112(1)(b) of the Criminal Procedure Act, the magistrate must ensure that all elements of the offence are properly admitted, including the recorded speed, the proper functioning of the speed measuring device, and the competence of the traffic officer. The absen…
Source excerpt
S v Lepuru and Others (A394/15) [2015] ZAGPPHC 572 (11 June 2015)
High Court review of speeding convictions found procedural defects in sentence and licence inquiry, and remitted the matters for proper sentencing and section 35(3) inquiry.
Explore more
