158 judgments on file that touch criminal, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 25 Mar 2022 | Ayres and Another v Minister of Justice and Correctional Services and Another[2022] ZACC 12 · Constitutional law — Foundational values — Rule of law — Doctrine of Precedent | Constitutional Court |
| 17 Feb 2022 | Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others[2022] ZACC 37 · Defamation — abuse of process — SLAPP suit defence — ulterior purpose — consideration of the merits | Constitutional Court |
| 10 Dec 2021 | DPP, Pretoria v Zulu[2021] ZASCA 174 · Sentence – Appeal by the State in terms of s 311(1) of the Criminal Procedure Act 105 of 1977 – whether the issue raised is a question of la... | Supreme Court of Appeal |
| 9 Dec 2021 | Minister of Police v Shawn Bosman & Others[2021] ZASCA 172 · Criminal law and procedure – Criminal Procedure Act of 1977 – sections 40(1)(b), (f) and (h) – unlawful arrest and detention – whether the r... | Supreme Court of Appeal |
| 3 Dec 2021 | Nongogo v The State[2021] ZASCA 166 · Criminal law and procedure – conviction of murder and conspiracy to commit murder – whether the court a quo erred in convicting the appellan... | Supreme Court of Appeal |
| 22 Oct 2021 | The Residents of Industry House and Others v The Minister of Police and Others[2021] ZACC 37 · South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right t... | Constitutional Court |
| 6 Sep 2021 | Director of Public Prosecutions Western Cape v Lee Nigel Tucker[2021] ZACC 25 · Section 10 of the Extradition Act 67 of 1962 — magistrate’s powers — extradition enquiry Leave to appeal dismissed — magistrate is entitled... | Constitutional Court |
| 29 Jun 2021 | Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma[2021] ZACC 18 · Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply... | Constitutional Court |
| 21 May 2021 | Senwedi v The State[2021] ZACC 12 · Criminal Procedure Act 51 of 1977 — Section 276B — non-retrospectivity of non-parole periods in terms of section 276B — non-applicability of... | Constitutional Court |
| 3 May 2021 | Bobroff and Another v The National Director of Public Prosecutions[2021] ZASCA 56 · Prevention of Organised Crime Act 121 of 1998 – jurisdiction – power of high court to make a forfeiture order in respect of property situate... | Supreme Court of Appeal |
| 14 Apr 2021 | JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... | Constitutional Court |
| 13 Apr 2021 | Jacob Gedleyihlekisa Zuma v Democratic Alliance and Economic Freedom Fighters[2021] ZASCA 39 · Review application – delay – State Attorney Act of 1957 – neither s 3(1), nor s 3(3), authorises the State to cover private legal costs – wh... | Supreme Court of Appeal |
| 18 Dec 2020 | Smit v Minister of Justice and Correctional Services and Others[2020] ZACC 29 · Drugs and Drugs Trafficking Act 140 of 1992 — constitutionality of section 63 and Schedules — section is unconstitutional and only the amend... | Constitutional Court |
| 27 Nov 2020 | Economic Freedom Fighters v Minister of Justice and Constitutional Development and Another CCT201/19 [View Live Online Judgment Hand-down(View Court Youtube Channel)from 10:00am][2020] ZACC 25 · Riotous Assemblies Act 17 of 1956 — incitement — sentencing — liable — freedom of expression — justification analysis — overbreadth — less r... | Constitutional Court |
| 27 Nov 2020 | Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd[2020] ZASCA 154 · Counterfeit Goods Act of 1997 – whether search and seizure warrants lawfully obtained – whether interim interdict to preclude dealing in off... | Supreme Court of Appeal |
| 27 Nov 2020 | Doorewaard and Another v The State[2020] ZASCA 155 · Mutually destructive versions – evidence of a single witness – corroboration of evidence of a single witness – duty to call important witnes... | Supreme Court of Appeal |
| 16 Sep 2020 | Ramabele v The State; Msimango v The State[2020] ZACC 22 · Fair trial rights — postponement for legal representation of choice — judicial bias — unreasonable delays — section 342A of the Criminal Pro... | Constitutional Court |
| 16 Sep 2020 | National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... | Constitutional Court |
| 26 Mar 2020 | National Director of Public Prosecutions v Botha NO and Another[2020] ZACC 6 · Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 — forfeiture of unlawful proceeds — proportionality analysis | Constitutional Court |
| 20 Mar 2020 | Maswanganyi v Minister of Defence and Military Veterans and Others[2020] ZACC 4 · Termination of employment by the South African National Defence Force — ex lege (by operation of law) — pursuant to section 59(1)(d) of the... | Constitutional Court |
| 11 Dec 2019 | Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S[2019] ZACC 48 · Common law rape — Doctrine of common purpose — instrumentality | Constitutional Court |
| 4 Dec 2019 | Centre For Child Law and Others v Media 24 Limited and Others[2019] ZACC 46 · Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equali... | Constitutional Court |
| 22 Oct 2019 | Moyo and Another v Minister of Police and Others (Right2Know Campaign as Amicus Curiae); Sonti and Another v Minister of Police and Others[2019] ZACC 40 · Intimidation Act 72 of 1982 — constitutionality of section 1(1)(b) and section 1(2) — provisions are unconstitutional | Constitutional Court |
| 17 May 2019 | Shipalana v S[2019] ZACC 20 · Application for leave to appeal — sentence and conviction — common purpose — interests of justice | Constitutional Court |
| 3 May 2019 | Phaahla v Minister of Justice and Correctional Services Another (Tlhakanye Intervening)[2019] ZACC 18 · Section 136(1) of the Correctional Services Act 111 of 1998 declared invalid — parole eligibility is part of punishment — section 35(3)(n) o... | Constitutional Court |
| 3 May 2019 | Makhokha v S[2019] ZACC 19 | Constitutional Court |
| 9 Apr 2019 | Kruger v National Director of Public Prosecutions[2019] ZACC 13 · Jurisdiction — Purely factual issue does not raise jurisdiction — No constitutional or legal issue Prescription — Prescription Act 68 of 196... | Constitutional Court |
| 11 Dec 2018 | - Haarhoff & another v Director of Public Prosecutions, Eastern Cape[2018] ZASCA 184 | Supreme Court of Appeal |
| 19 Nov 2018 | Mlungwana and Others v S and Another (Equal Education, Right2Know Campaign and UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association as Amici Curiae)[2018] ZACC 45 · Regulation of Gatherings Act 205 of 1993 — section 12(1)(a) — declaration of constitutional invalidity | Constitutional Court |
| 28 Sep 2018 | - Khoza & another v The State[2018] ZASCA 133 | Supreme Court of Appeal |
| 28 Sep 2018 | - Centre for Child Law & others v Media 24 Limited & others[2018] ZASCA 140 | Supreme Court of Appeal |
| 27 Sep 2018 | Thwala v S[2018] ZACC 34 · Section 35(3)(o) of the Constitution — right to a fair trial — Res Judicata | Constitutional Court |
| 21 Sep 2018 | - Bhola & others v The State (800/18; 123/2018; and 346/18)[2018] ZASCA 121 | Supreme Court of Appeal |
| 18 Sep 2018 | Minister of Justice and Constitutional Development and Others v Prince[2018] ZACC 30 · sections 4(b) and 5(b) of Drugs and Drug Trafficking Act 140 of 1992 read with Part III of Schedule 2 of that Act and section 22A(9)(a)(1) o... | Constitutional Court |
| 3 Sep 2018 | M T v The State; A S B v The State and Johannes September v The State[2018] ZACC 27 · Criminal Law Amendment Act 105 of 1997 — section 51(1) — minimum sentences — exclusion from charge sheet Leave to appeal — inherent power of... | Constitutional Court |
| 29 Aug 2018 | Liesching and Others v S[2018] ZACC 25 · Superior Courts Act 10 of 2013 — section 17(2)(f) — referral of petition for reconsideration — discretion of the President of Supreme Court... | Constitutional Court |
| 29 Aug 2018 | Shiburi v The State[2018] ZASCA 107 | Supreme Court of Appeal |
| 14 Jun 2018 | Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others[2018] ZACC 16 · Criminal Procedure Act 51 of 1977 — constitutionality of section 18 — section 18 is unconstitutional Prescription of the right to institute... | Constitutional Court |
| 7 Jun 2018 | Minister of Safety and Security v South African Hunters and Game Conservation Association[2018] ZACC 14 · Gun control — licence to possesses firearm — termination of fiream licence — renewal of firearm licence section 24 and 28 — firearms control... | Constitutional Court |
| 1 Jun 2018 | Gongqose & others v Minister of Agriculture, Forestry & Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17)[2018] ZASCA 87 | Supreme Court of Appeal |
| 1 Jun 2018 | Flanagan v Minister of Safety and Security[2018] ZASCA 96 | Supreme Court of Appeal |
| 1 Jun 2018 | Minister of Police and another v Zweni[2018] ZASCA 97 | Supreme Court of Appeal |
| 18 May 2018 | Criminal law - plea of guilty under s 112(2) of the Criminal Procedure Act 51 of 1977 - where all the elements of an offence are admitted in a written plea ofguilty an accused may be convicted accordingly on the basis of the plea - respondent admitted having had sexual intercourse with the 12 year old complainant - sentenceof life imprisonment improperly set aside by the high court on appeal on the basis of lack of evidence of complainant’s age - appeal by the National Director of Pros[2018] ZASCA 60 · Criminal law – appeal by State against sentences for two counts of housebreaking with intent to rape and rape – misdirections by trial court... | Supreme Court of Appeal |
| 28 Mar 2018 | 166.55 KB Criminal Procedure Act 51 of 1977 - Section 316B - appeal by State – rape of 6 year old boy – sentence imposed of 10 years imprisonment of which 4 years suspended – shockingly and disturbingly lenient – no substantial and compelling circumstances present – sentence of life imprisonment substituted. CSARS v The Executors of Estate Late Sidney Ellerine[2018] ZASCA 39 · Eighth Schedule to the Income Tax Act of 1962 – valuation of preference shares for the purposes of determination of a capital gain. | Supreme Court of Appeal |
| 15 Mar 2018 | Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... | Constitutional Court |
| 23 Feb 2018 | S and Another v Okah; Okah v S (Institute for Security Studies and Southern Africa Litigation Centre as Amici Curiae)[2018] ZACC 3 | Constitutional Court |
| 1 Dec 2017 | 142.13 KB Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside. Msimango v The State[2017] ZASCA 181 · Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Ac... | Supreme Court of Appeal |
| 22 Nov 2017 | 112.33 KB Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959. The Commissioner for SARS v Reunert Ltd[2017] ZASCA 153 · Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language,... | Supreme Court of Appeal |
| 15 Nov 2017 | 175.61 KB Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted. Qhinga v State[2017] ZASCA 149 · Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-ou... | Supreme Court of Appeal |
| 26 Oct 2017 | 398.1 KB Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict. Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting). Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and[2017] ZASCA 147 · Company: Shareholders: Oppression: Oppressive or Unfairly Prejudicial Conduct: Section 252 of the Companies Act of 1973: party entitled to r... | Supreme Court of Appeal |
A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.