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South Africa Case Law

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Criminal Law [2019] ZAGPPHC 95

S v Mashego (CC142/2017)

S v Mashego (CC142/2017) [2019] ZAGPPHC 95 (22 March 2019)

The High Court sentenced a young Metro Police officer convicted of culpable homicide to a wholly suspended prison term and community service after balancing gravity, remorse, and mercy.

  • Culpable Homicide
  • Sentencing Principles
  • Mitigation And Aggravation
  • Use Of Firearms
  • Negligence
  • Community Service
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Delict [2011] ZAWCHC 389

Andries v Minister of Safety and Security and Others (6129/06)

Andries v Minister of Safety and Security and Others (6129/06) [2011] ZAWCHC 389 (10 October 2011)

The court found that the third defendant was off duty and attending the rugby match for personal reasons, not performing any official duties for either the first or second defendant at the time of the shooting. The fact that he used official property (vehicle, firearm, baton) was not decisive in establishing vicarious liability, as there was no sufficiently close link between his actions and the business of the defendants. The third defendant acted for his own benefit, namely in self-defence, and not in furtherance of his employers' interests. The evidence established that the plaintiff was t…

  • Vicarious Liability
  • Self Defence
  • Course And Scope Of Employment
  • Use Of Firearms
  • Personal Injury
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Criminal Law [2001] ZASCA 121

S v Makondo (515/2000)

S v Makondo (515/2000) [2001] ZASCA 121; [2002] 1 All SA 431 (A) (15 November 2001)

The Supreme Court of Appeal upheld Simon Makondo’s attempted murder conviction but reduced the sentence by suspending three years of the ten-year term.

  • Attempted Murder
  • Self Defence
  • Sentencing Discretion
  • Mitigating Factors
  • Use Of Firearms
  • Attempted-murder
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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.