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South Africa decisions
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S v Mokoena (A20/2024; R18/2024) [2025] ZAFSHC 26 (13 February 2025)
The Free State High Court confirmed a magistrate’s section 300 compensation order after finding a proper application had been made through the prosecutor.
S v Sani (R67/2024) [2024] ZAFSHC 417 (12 December 2024)
The High Court set aside a conviction and sentence on special review because the charge sheet was materially defective and service of the protection order was not properly established.
Zhang v S (Bail Appeal) (A257/2024) [2024] ZAWCHC 421 (12 December 2024)
The High Court dismissed a bail appeal by a serial abalone offender, upheld bail cancellation, and referred prosecutorial conduct and a prior sentence re-suspension for investigation.
S v Matthews (Special Review) (GSH581/2023) [2024] ZAWCHC 418; 2025 (1) SACR 431 (WCC) (11 December 2024)
The High Court set aside a magistrate’s sentence on special review because a suspended sentence omitted the period of suspension in a plea agreement.
S v Mthimkhulu (CA&R179/2024) [2024] ZAECMKHC 116 (18 October 2024)
The court found that the accused was improperly convicted of both housebreaking with intent to steal and theft, as the theft was not completed. Applying the single intent test and relevant case law, only a conviction for housebreaking with intent to steal was appropriate. The sentence of eighteen months' imprisonment was unduly harsh, given the accused's personal circumstances, lack of actual loss to the complainant, and the fact that the items were not removed from the premises. The trial court's misdirection regarding the completed theft influenced the severity of the sentence. The High Cou…
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JB v HMB (31011/2021) [2024] ZAGPPHC 936 (25 September 2024)
The respondent's own admissions, including his email correspondence, confirm that he was aware of his obligations under the Rule 43 order and failed to comply with them. His defence that a settlement agreement resolved the maintenance obligations is contradicted by his subsequent acknowledgment of arrears. The respondent did not discharge the evidential burden to show that his non-compliance was not wilful or mala fide. The court finds that the respondent's failure to pay maintenance, school fees, and medical expenses as ordered constitutes contempt of court. The respondent's arguments regard…
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S v Macingwane (426/2023) [2024] ZAECMHC 71 (25 September 2024)
The court found that although the magistrate failed to invite the accused to confirm the contents of her written plea statement, no prejudice resulted because the accused understood the charge, pleaded guilty, and her attorney confirmed the instructions. The conviction was therefore not vitiated by the irregularity. However, the sentence imposed was vague and did not set out clear conditions for suspension, specifically using the phrase 'similar offence' which is overly broad and imprecise. The court held that the conditions for suspension must be clear and relate directly to the offence of t…
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S v Buthelezi (350/2024) [2024] ZAKZPHC 79; 2024 (2) SACR 542 (KZP) (6 September 2024)
The magistrate misdirected himself by imposing a sentence of three years' direct imprisonment for petty theft without adequately considering alternative sentences or the accused's personal circumstances, including her role as primary caregiver to a minor child. The sentence was disproportionate, overemphasized previous convictions, and failed to balance the interests of justice, society, and the offender. The magistrate neglected to give sufficient, independent, and informed attention to the impact of imprisonment on the accused's child, contrary to constitutional and case law requirements. T…
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S v Ramantshane (R12/2024) [2024] ZAFSHC 126 (9 May 2024)
Special review of a guilty plea for driving under the influence. The High Court set aside the conviction and sentence for incomplete admissions and procedural irregularities.
Mahlangu v S (A238/23) [2024] ZAGPPHC 363; 2024 (2) SACR 219 (GP) (11 April 2024)
The High Court upheld an appeal against sentence in a statutory rape matter, replacing eight years’ imprisonment with three years wholly suspended.
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