S v Cronje (19113) [2019] ZAWCHC 133
Monday, 14 October 2019
BACKGROUND AND SUMMARY The court was tasked with considering whether or not the sentence passed in the trial court was in accordance with justice, in terms of section 304 of the Criminal Procedure Act, 51 of 1977 (“the Act”). The accused appeared before the magistrate in Muizenberg in the district of Simon’s Town and
- Published in 2019, Criminal Law, Jurisdiction, Review, Sentencing
Moleko v Minister of Police and Another (32378/2016) [2019] ZAGPPHC 355 (5 August 2019)
Thursday, 10 October 2019
SUMMARY This case deals with an arrest made in terms of Section 40 (1)(b) of the Criminal Procedure Act (“CPA”), namely an arrest made by a peace officer without a warrant where such an officer is under the reasonable suspicion that the accused may have committed an offence referred to in Schedule 1: Facts
- Published in 2019, Criminal Law
Mlenga v S (A08/2019) [2019] ZAFSHC 132 (1 August 2019)
Tuesday, 03 September 2019
SUMMARY This case deals with an application for leave to appeal a sentence handed down by the Welkom Regional Magistrates Court. The facts of the case are as follows: Facts On or about 25 January 2015, the Appellant (Mr. Mlenga) and his two co-accused were relaxing outside their rented premises in Welkom. They were
- Published in 2019, Criminal Law, News
STATE v D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)
Tuesday, 16 July 2019
SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to
- Published in 2019, Criminal Law, News
S v Diki (CC82/2018) [2018] ZAECGHC 130 (11 December 2018)
Thursday, 14 February 2019
SUMMARY The Accused was charged with 3 counts to which he pleaded as follows: (1) Not guilty to housebreaking with intent to commit rape; (2) Not guilty to rape; and (3) Guilty to attempted murder. The Accused entered into a plea explanation in which he stated as follows: On his way home, the Accused saw
- Published in News, 2019, Criminal Law
Centre for Child Law and Others v Media 24 Limited and Others 2018 (2) SACR 696 (SCA)
Tuesday, 11 December 2018
SUMMARY This matter concerned a minor who was abducted from hospital as an infant and subsequently ‘found’ when she was 17 years old. Accordingly, she required her anonymity to be protected beyond the point of her being a minor and into her adulthood, given the fact that the ensuing criminal trial that took place had
- Published in News, 2018, Criminal Law, Family Law
S v Fosi (CA & R 238/2007) [2008] ZAECHC 57 (23 May 2008)
Thursday, 15 November 2018
SUMMARY A 44-year old woman lived in a shack together with young children aged 5 and 10. On the evening of 4 June 2006, the Appellant forcibly gained entry to the premises and raped the Complainant for almost the whole evening and left the next morning. Throughout the rape, the Appellant was armed with a
- Published in 2018, Criminal Law, News
Silatsha v The Minister of Correctional Services (1040/2017) [2018] ZASCA 145 (02 October 2018)
Monday, 22 October 2018
SUMMARY During the period of March 2008 to March 2012 the appellant, Mr Andile Silatsha (“the Appellant”), was an inmate at St Albans Correctional Facility in Port Elizabeth. In October 2012, the Appellant instituted proceedings against the Minister of Correctional Services (“the Minister”) in the Port Elizabeth High Court, wherein damages were sought in respect
- Published in News, 2018, Criminal Law
Nqayi v The State (C.A&R 16/2018) [2018] ZAECBHC 2 (1 June 2018)
Monday, 08 October 2018
SUMMARY The Appellant was charged and sentenced to undergo 36 months imprisonment for assault with intent to do grievous bodily harm for hitting the Complainant in the eye causing him to lose his eye. The Magistrate granted the appellant leave to appeal his conviction and sentence, however, the appellant was refused bail pending the appeal.
- Published in News, 2018, Bail Proceedings, Criminal Law
