South Africa Case Law

S v Gulekane (HC 04/23)

S v Gulekane (HC 04/23) [2023] ZANWHC 206 (14 November 2023)

Court

North West High Court, Mafikeng

Case number

HC 04/23

Judges

Reddy, Djaje

The withdrawal of the charge of malicious injury to property (count 2) by the prosecution after the accused had pleaded was a gross irregularity, as section 6(b) of the Criminal Procedure Act only permits stopping the prosecution after plea, which entitles the accused to acquittal. The accused was entitled to a verdict on that charge. Additionally, the procedure adopted by Magistrate Jacobs in calling on the accused to plead before proper disclosure and consultation with his legal representative violated the accused's constitutional rights to a fair trial under section 35(3)(a) and (b) of the…

Source excerpt

• Withdrawal Of Charge
• Fair Trial Rights
• Gross Irregularity
• Section 6 Criminal Procedure Act
• Section 35 Constitution

S v Mabatha (REV50/2023; D8251087)

S v Mabatha (REV50/2023; D8251087) [2023] ZALMPTHC 9 (19 September 2023)

Court

Limpopo High Court, Thohoyandou

Case number

REV50/2023; D8251087

Judges

IM Khosa, AML Phatudi

The High Court reviewed and set aside an erroneously confirmed admission of guilt fine, finding the magistrate’s court proceedings were not in accordance with justice.

• Admission Of Guilt Fine
• Withdrawal Of Charge
• Fair Trial Rights
• Section 304 Review
• Admission-of-guilt-fine
• Withdrawal-of-charge

S v Masilo (15/2016)

S v Masilo (15/2016) [2016] ZAFSHC 23 (11 February 2016)

Court

Free State High Court, Bloemfontein

Case number

15/2016

Judges

K.J Moloi, S. Chesiwe

On special review, the High Court set aside the withdrawal of a criminal charge after plea, holding the accused was entitled to a verdict and the prosecution had to proceed lawfully.

• Withdrawal Of Charge
• Intimidation Act
• Plea And Verdict
• Autrefois Acquit
• Withdrawal-of-charge
• Criminal-procedure-act

S v Botha (A208/14)

S v Botha (A208/14) [2014] ZAGPPHC 225 (27 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A208/14

Judges

H. J. Fabricius, D.S. Fourie

On special review, the High Court set aside proceedings where an admission of guilt fine was paid after the charge had already been withdrawn.

• Road Traffic Act Offence
• Admission Of Guilt Fine
• Withdrawal Of Charge
• Criminal Procedure Act Section 57
• Admission-of-guilt-fine
• Withdrawal-of-charge

S v Coetzee (260/89)

S v Coetzee (260/89) [1990] ZASCA 103; [1990] 2 All SA 609 (A) (25 September 1990)

Court

Supreme Court of Appeal

Case number

260/89

Judges

E M Grosskopf, Milne, Eksteen, Goldstone, Nienaber

The court held that the prosecutor could withdraw charges before plea and later re-charge the appellant. No material irregularity was shown, so the appeal failed.

• Withdrawal Of Charge
• Prosecutorial Discretion
• Unfair Trial
• Audi Alteram Partem
• Use Of Witness Statements
• Withdrawal-of-charge