South Africa Case Law

S v Moseki (R11/2025)

S v Moseki (R11/2025) [2025] ZAFSHC 121 (24 April 2025)

Court

Free State High Court, Bloemfontein

Case number

R11/2025

Judges

Reinders, Van Rhyn

The court found that the summary enquiry into Mr Moseki's failure to appear was not conducted in accordance with justice. The magistrate failed to properly inform Mr Moseki, who was unrepresented, of the nature of the proceedings, the charge, and his rights, including the onus to provide a reasonable excuse. The magistrate applied the incorrect statutory provision (section 72(4) instead of section 170(1)) and did not afford Mr Moseki a fair opportunity to prepare a defence or call witnesses. The enquiry did not meet the requirements of fairness, and the proceedings were prejudicial to Mr Mose…

Source excerpt

• Failure To Appear
• Summary Enquiry
• Reverse Onus
• Fair Trial Rights

S v Mramba (Review) (CA & R 7/2025)

S v Mramba (Review) (CA & R 7/2025) [2025] ZAECBHC 2 (11 February 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA & R 7/2025

Judges

B Hartle, L Rusi

The High Court set aside a magistrate’s conviction and sentence for failure to appear while on bail, holding the accused had not been separately charged.

• Bail Forfeiture
• Failure To Appear
• Criminal Procedure Act Section 67
• Summary Enquiry
• Bail-forfeiture
• Failure-to-appear

S v Nkosi (Special Review) (CA&R182/2024)

S v Nkosi (Special Review) (CA&R182/2024) [2024] ZAECMKHC 115; 2025 (1) SACR 558 (ECMk) (22 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R182/2024

Judges

N G Beshe, A S Zono

The magistrate's procedure of summarily enquiring into the accused's failure to appear and imposing a fine under Section 67A was not in accordance with the requirements of criminal procedure. Section 67A creates a criminal offence, and the accused must be tried according to the normal rules and standard of proof applicable in criminal cases. Section 67 provides a separate procedure for provisional cancellation and forfeiture of bail, which was not followed. The summary enquiry and imposition of fines without proper criminal proceedings are not authorised by either Section 67A or Section 67. T…

Source excerpt

• Failure To Appear
• Bail Forfeiture
• Summary Enquiry
• Criminal Liability For Nonattendance

Xaliphi v Cape Town Regional Magistrate and Another (383/23)

Xaliphi v Cape Town Regional Magistrate and Another (383/23) [2024] ZAWCHC 85 (19 March 2024)

Court

Western Cape High Court, Cape Town

Case number

383/23

Judge

Thulare

The High Court dismissed a review of a magistrate’s order cancelling bail and remanding the applicant in custody, finding no gross irregularity in the record or procedure.

• Bail Cancellation
• Release On Warning
• Criminal Procedure Act Section 67
• Criminal Procedure Act Section 72
• Gross Irregularity
• Summary Enquiry

S v Ngete (25/2023)

S v Ngete (25/2023) [2023] ZAWCHC 116 (19 May 2023)

Court

Western Cape High Court, Cape Town

Case number

25/2023

Judges

Henney, Sher

The High Court set aside a magistrate’s conviction for failure to appear while on bail and held that the concurrent sentence order was incompetent.

• Failure To Appear
• Bail Forfeiture
• Concurrent Sentences
• Theft
• Criminal Procedure Act
• Summary Enquiry

S v Thole (R251/2018)

S v Thole (R251/2018) [2018] ZAFSHC 177 (28 November 2018)

Court

Free State High Court, Bloemfontein

Case number

R251/2018

Judges

Mhlambi, Molitsoane

On special review, the High Court set aside a conviction and sentence for failure to appear, finding a serious procedural irregularity in the summary enquiry.

• Failure To Appear
• Criminal Procedure Act Section 170
• Burden Of Proof
• Summary Enquiry
• Procedural Irregularity
• Failure-to-appear

Dludla v S (R210/2018)

Dludla v S (R210/2018) [2018] ZAFSHC 137 (13 September 2018)

Court

Free State High Court, Bloemfontein

Case number

R210/2018

Judges

P.E. Molitsoane, N.M. Mbhele

High Court review setting aside a conviction for failure to appear after finding the magistrate did not properly test the accused’s explanation.

• Failure To Appear
• Summary Enquiry
• Onus Of Fault
• Conviction And Sentence
• Failure-to-appear
• Criminal-procedure-act

Cooper v District Magistrate, Cape Town (WCC) (1699/2017)

Cooper v District Magistrate, Cape Town (WCC) (1699/2017) [2017] ZAWCHC 140; 2018 (1) SACR 369 (WCC) (24 November 2017)

Court

Western Cape High Court, Cape Town

Case number

16996/2017

Judges

Andrews AJ, Baartman J

The High Court found that the district court proceedings were materially irregular and infringed the applicant's constitutional rights to a fair trial. The applicant was not properly informed of the charge, the nature of the proceedings, or his rights, and was denied a fair opportunity to present his defence and call witnesses. The presiding magistrate misapplied the law by convicting the applicant under section 55 of the Criminal Procedure Act instead of section 170, which was the correct provision given the circumstances. The summary enquiry was conducted in a manner that disregarded the ap…

Source excerpt

• Failure To Appear
• Reverse Onus
• Fair Trial Rights
• Summary Enquiry
• Adjustment Of Fines Act

S v Nhlapo; S v Van Heerden; S v Mofokeng (A212/2017)

S v Nhlapo; S v Van Heerden; S v Mofokeng (A212/2017) [2017] ZAGPPHC 204 (28 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A212/2017

Judges

S Potterill, S S Mphahlele

On special review, the High Court set aside three convictions and sentences where a magistrate wrongly used section 170(2) instead of section 67A of the CPA.

• Failure To Appear
• Summary Enquiry
• Bail Conditions
• Criminal Procedure Act
• Incorrect Application Of Statute
• Failure-to-appear

S v Nhlapo; S v Van Heerden; S v Mofokeng (A213/17)

S v Nhlapo; S v Van Heerden; S v Mofokeng (A213/17) [2017] ZAGPPHC 307 (25 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A213/17

Judges

Potterill, S.S. Mphahlele

The High Court set aside three convictions and sentences after holding that the magistrate used the wrong procedure. The matters fell under section 67A of the CPA, not section 170.

• Failure To Appear
• Summary Enquiry
• Section 67a Cpa
• Section 170 Cpa
• Failure-to-appear
• Summary-enquiry