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Case law by topic

Judgments on criminal

158 judgments on file that touch criminal, newest first, each with the court's own file.

Handed downJudgmentCourt
14 Jun 2024 Masango and Another v The State[2024] ZASCA 98 · Criminal Procedure – first appellant appeal against conviction and sentence – second appellant appeal against conviction – leave to appeal r... Supreme Court of Appeal
10 Jun 2024 Edward Nathan Sonnenberg Inc v Hawarden[2024] ZASCA 90 · Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk –... Supreme Court of Appeal
7 Jun 2024 Mabena v The State[2024] ZASCA 89 · Criminal Law – Sentencing – Convictions of robbery with aggravating circumstances and attempted murder – whether sentence for each convictio... Supreme Court of Appeal
23 May 2024 Schultz v Minister of Justice and Correctional Services and Others[2024] ZASCA 77 · International law – extradition – Constitution – Extradition Act of 1962 – whether power to make extradition request to a foreign State vest... Supreme Court of Appeal
20 May 2024 Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others[2024] ZACC 6 · [Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias] [Section 47(1)(... Constitutional Court
16 May 2024 Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... Supreme Court of Appeal
10 May 2024 Lategan and Another v The Director of Public Prosecutions, Western Cape and Another[2024] ZASCA 74 · Interpretation of statutes – sexual offences – Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007(the Act) – whether s... Supreme Court of Appeal
8 May 2024 Maritz v The State[2024] ZASCA 72 · Recusal application – refusal by a judge to recuse herself before sentencing in a criminal trial – onus rests on the appellant to discharge,... Supreme Court of Appeal
6 May 2024 The DPP Western Cape v Bongo[2024] ZASCA 70 · Reservation of questions of law in terms of s 319 of the Criminal Procedure Act of 1977 – what constitutes a question of law – misdirection... Supreme Court of Appeal
3 May 2024 Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... Supreme Court of Appeal
24 Apr 2024 Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (Women's Legal Centre Trust, Initiative for Strategic Litigation in Africa and Commission for Gender Equality intervening as Amici Curiae)[2024] ZASCA 59 · Criminal law and procedure – rape – consent to an act of sexual penetration – nature of consent – appeal by Director of Public Prosecutions... Supreme Court of Appeal
24 Apr 2024 Venator Africa (Pty) Ltd v Watts and Another[2024] ZASCA 60 · Company law – exception – s 218(2) read with s 22(1) of the Companies Act of 2008 – allegation that company carried on its business reckless... Supreme Court of Appeal
17 Apr 2024 Mathuthu and Others v The State[2024] ZASCA 50 · Criminal procedure – appeal against conviction and sentence – leave to appeal refused by regional magistrate – petition in terms of s 309C o... Supreme Court of Appeal
28 Mar 2024 Cyril and Another v The Commissioner for the South African Revenue Service[2024] ZASCA 32 · Practice – Appealability – application to review ruling on admissibility in criminal trial while trial still pending – leave given to compla... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
20 Mar 2024 Nong and Masingi v The State[2024] ZASCA 25 · Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition in terms of s 309C refused by the... Supreme Court of Appeal
14 Mar 2024 Director of Public Prosecutions, Kwazulu-Natal Pietermaritzburg v Ndlovu[2024] ZASCA 23 · Criminal law and procedure – appeal by Director of Public Prosecutions in terms of s 311 of the Criminal Procedure Act of 1977 – import of s... Supreme Court of Appeal
21 Feb 2024 Sekoala v The State[2024] ZASCA 18 · Criminal law and procedure – appeal against rape conviction – whether the evidence of the complainant, a single witness, was correctly accep... Supreme Court of Appeal
8 Feb 2024 Mthanti v The State[2024] ZASCA 15 · Criminal law – sentence – appeal in terms of s 316B of the Criminal Procedure Act of 1977 (CPA) against sentences imposed – appellant convic... Supreme Court of Appeal
16 Jan 2024 Cupido v The State[2024] ZASCA 4 · Criminal law and Procedure – reliance on single witness – whether the court applied the cautionary rule in respect of single witness –admiss... Supreme Court of Appeal
5 Dec 2023 Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... Supreme Court of Appeal
4 Dec 2023 Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... Supreme Court of Appeal
1 Dec 2023 Islandsite Investments 180 (Pty) Ltd v National Director of Public Prosecutions and Others[2023] ZASCA 166 · Company Law –– restraint order under the Prevention of Organised Crime Act 121 of 1998 – authority to represent company in business rescue –... Supreme Court of Appeal
28 Nov 2023 Savoi and Others v National Prosecuting Authority and Another[2023] ZACC 38 · Confirmation of the order of constitutional invalidity granted by the High Court — North West Gambling Act 2 of 2001 — Sections 84(1)(e), 87... Constitutional Court
21 Nov 2023 Ntshongwana v The State[2023] ZASCA 156 · Criminal law – defence of pathological incapacity – ss 78(1A) and 78(1B) of the Criminal Procedure Act of 1977 – onus on accused to prove la... Supreme Court of Appeal
14 Nov 2023 Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer Constitutional Court
10 Nov 2023 Vumani Oscar Ntuli v The State (10252022)[2023] ZASCA 150 · Appeal to the Supreme Court of Appeal against the refusal of the high court of a petition seeking leave to appeal against conviction and sen... Supreme Court of Appeal
10 Oct 2023 Natasha Liebenberg v The State[2023] ZACC 33 · Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of j... Constitutional Court
26 Sep 2023 Evans v The State[2023] ZASCA 123 · Criminal law – fraud – sentence – prescribed minimum sentence – appeal – cumulative convictions of fraud – applicability of section 51(2)(a)... Supreme Court of Appeal
24 Aug 2023 Mncwabe v President of the Republic of South Africa and Others And Mathenjwa v President of the Republic of South Africa and Others (Consolidated matters)[2023] ZACC 29 · National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus offi... Constitutional Court
13 Jul 2023 Democratic Alliance v Public Protector and Others; President of the Republic of South Africa v Public Protector and Others CCT251/22,[2023] ZACC 25 · Section 194 of the Constitution — suspension of the Public Protector — Apprehension of bias — Sub judice rule — conflict of interest Constitutional Court
23 Jun 2023 Independent Outdoor Media (Pty) Ltd v The Body Corporate of Overbeek Building and others[2023] ZACC 17 · Declaration of constitutional invalidity — Section 29(8) of the National Building Regulations and Building Standards Act 103 of 1977 — Minis... Constitutional Court
12 Jun 2023 Beneyam Deselegn Ashebo v Minister of Home Affairs and Others[2023] ZACC 16 · Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigne... Constitutional Court
31 May 2023 Raymond Daniel de Villiers v The State[2023] ZASCA 83 · Criminal Law and Procedure – compensation order – whether a court of appeal could impose an order of compensation in terms of s 300 of the C... Supreme Court of Appeal
3 May 2023 Minister of Police v Gqamane[2023] ZASCA 61 · Civil procedure – unlawful arrest and detention – arrest in terms of ss 40(1)(b) and 40 (1)(q) of Criminal Procedure Act of 1977 – assault w... Supreme Court of Appeal
28 Mar 2023 Francis v The State[2023] ZASCA 30 · Criminal procedure – appeal against refusal of petition by high court – appellant convicted of two counts of dealing in drugs – sentenced to... Supreme Court of Appeal
24 Jan 2023 Makhi Kapa v The State[2023] ZACC 1 · Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice Constitutional Court
13 Oct 2022 Land and Agricultural Bank of South Africa v The Minister of Rural Development and Land Reform and Others[2022] ZASCA 133 · Prevention of Organised Crime Act 121 of 1998 – civil recovery of property under chapter 6 – exclusion of ‘interest’ in property from operat... Supreme Court of Appeal
3 Oct 2022 Classen & Another v The State[2022] ZASCA 130 · Criminal Law and Procedure – hearsay evidence – s 3(1)(c) of Law of Evidence Amendment Act of 1988 – admissibility, assessment and probative... Supreme Court of Appeal
29 Sep 2022 Centre for Child Law v Director for Public Prosecutions , Johannesburg and Others[2022] ZACC 35 · Drugs and Drug Trafficking Act 140 of 1992 — constitutionality of section 4(b) — order of constitutional invalidity confirmed Section 28 of... Constitutional Court
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
26 Sep 2022 Nhlapo v The State[2022] ZASCA 125 · Criminal law and procedure – sentence in excess of the prescribed minimum for robbery – whether effective sentence of years’ imprisonment fo... Supreme Court of Appeal
22 Aug 2022 Qurashi and Others v The State[2022] ZASCA 118 · Criminal law and procedure – admission of evidence pursuant to search and seizure allegedly in violation of constitutional right to privacy... Supreme Court of Appeal
16 Aug 2022 Benedict Moagi Peloeole v The Director of Public Prosecutions, Gauteng[2022] ZASCA 117 · Criminal law and procedure – appeal and cross-appeal on sentence – appellant convicted on two counts of murder – whether the murders were pr... Supreme Court of Appeal
15 Jul 2022 Maree v The State[2022] ZASCA 112 · Appeal against refusal by high court to grant leave to appeal – against conviction and sentence by magistrate’s court – Supreme Court of App... Supreme Court of Appeal
2 Jun 2022 Lebogang Peter Mashilo v The State[2022] ZASCA 81 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – referred by the President of the Supreme Court of Appeal to a full c... Supreme Court of Appeal
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
30 May 2022 Arena Holdings (Pty) Limited t/a Financial Mail and Others v South African Revenue Service and Others[2023] ZACC 13 · Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administrat... Constitutional Court
22 Apr 2022 Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (Case no 802/2020 & 813/2020)[2022] ZASCA 58 · Damages – breach of profit share agreement and lease agreements – claim for payment of utilities and bond charges erroneously debited in app... Supreme Court of Appeal
20 Apr 2022 David Papiki Komane v The State[2022] ZASCA 55 · Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well- founde... 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.