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South Africa Case Law

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Criminal Law [2014] ZAFSHC 223

S v Mokhali (228/2013)

S v Mokhali (228/2013) [2014] ZAFSHC 223 (18 December 2014)

On special review, the High Court set aside a conviction for unlawful entry/remain because the accused’s passport showed lawful entry and stay in South Africa.

  • Immigration Act Offence
  • Unlawful Entry
  • Passport Validity
  • Review Of Conviction
  • Criminal-review
  • Immigration-law
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Criminal Law [2010] ZAFSHC 131

S v Moiketsi and Another

S v Moiketsi and Another [2010] ZAFSHC 131 (7 October 2010)

Special review of two guilty-plea convictions for unlawful entry. The High Court confirmed the convictions but set aside illegal imprisonment sentences and substituted fines with default imprisonment.

  • Immigration Act Offence
  • Unlawful Entry
  • Sentencing Powers
  • Section 112 Procedure
  • Criminal-law
  • Immigration-law
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Criminal Law [2002] ZANCHC 25

S v Witbooi (503/2002)

S v Witbooi (503/2002) [2002] ZANCHC 25 (5 September 2002)

The High Court confirmed the conviction for unlawful prison entry but set aside a 24-month sentence as too harsh and replaced it with a reduced, partly suspended term.

  • Correctional Services Act
  • Sentencing Principles
  • Unlawful Entry
  • Mitigation Of Sentence
  • Criminal-sentencing
  • Sentence-review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.