JOUBERT V S (642/2016) [2017] ZASCA 3; 2017 (1) SACR 497 (SCA) (3 MARCH 2017))
Monday, 20 August 2018
BACKGROUND The Appellant, an accountant by profession, was convicted in the Nelspruit Regional Court on 20 counts of fraud relating to false VAT claims made to the South African Revenue Service and was subsequently sentenced to seven years’ imprisonment, wholly suspended on certain conditions for a period of five years. The Appellant petitioned the Gauteng
- Published in News, 2018, Criminal Law, Criminal Procedure
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Pro Tempo v Van der Merwe (20853/2014) [2016] ZASCA 39; 2018 (1) SA 181 (SCA) (24 March 2016)
Friday, 17 August 2018
SUMMARY This case is an appeal from a judgment handed down by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether the Appellant, Pro Tempo Akademie CC (a close corporation which owns and operates a school for children with learning disabilities) was correctly held liable for damages sustained by
- Published in News, 2018, Criminal Law
Van Vuuren v Ethekwini Municipality 2018 (1) SA 189 (SCA)
Friday, 17 August 2018
SUMMARY High Court: Facts: John, an 8-year-old boy, had been playing on a waterslide owned by the Ethekwini Municipality (the “Respondent”). While John was sliding down the slide he was pushed by a child behind him, causing him to lose his balance which resulting in him suffering various injuries. No municipal official was controlling access
- Published in 2018, Criminal Law, News
S v Gudani (88/2015, A533/15) [2016] ZALMPHC 10 (18 March 2016)
Wednesday, 11 July 2018
SUMMARY The accused was charged with one count of assault with intent to inflict grievous bodily harm, for which an 18-month sentence of imprisonment was imposed. Judgment in this matter was subsequently referred to the Limpopo High Court for review. Upon commencement of the trial in the Dzanani Magistrates’ Court (the “DMC”), the accused elected
- Published in News, 2018, Criminal Law
S v Nyembezi (362/2017) [2018] ZAGPPHC 203 (11 April 2018)
Tuesday, 19 June 2018
SUMMARY Review proceedings were launched in the Gauteng Local Division, Johannesburg, before Acting Judge Phahlane, based on a number of procedural irregularities which occurred during a criminal trial, which subsequently resulted in a conviction and the imposition of a prison sentence. On 1 November 2017, in the Oberholzer Magistrate’s Court, Thuso Nyembezi (“the accused”) was,
- Published in News, 2018, Criminal Law, Criminal Procedure
Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)
Tuesday, 05 June 2018
SUMMARY On 14 January 2016, in Villiersdorp, Western Cape, the appellants stole 650 metres of copper cabling belonging to Telkom worth a value of R35,000.00, and were subsequently convicted of theft in the district court at Caledon on 13 September 2016. On 28 February 2017, the appellants were each sentenced to 12 years imprisonment in
- Published in News, 2018, Criminal Law
Nkosi v Minister of Justice and Correctional Services and Others (00028-2018) [2018] ZAGPJHC 3 (5 January 2018)
Tuesday, 22 May 2018
SUMMARY The Applicant was a prisoner, who had been convicted of multiple offences, inter alia, murder and robbery with aggravating circumstances. The Applicant had served 15 (Fifteen) years of his life sentence and would be considered for parole only on or about 10 April 2019. On 28 December 2017, the Applicant’s mother passed away
- Published in 2018, Administrative Law, Criminal Law
Case Note: Khanye and Another v S [2017] ZACC 29
Tuesday, 10 October 2017
Summary The matter concerns an application for leave to appeal by Samuel Khanye (the “First Applicant”) and Victor Moyo (the “Second Applicant”) against a judgment handed down in the North West High Court, Mafikeng (“High Court”). The High Court held that the Applicants and the 5 (five) co-accused (the “Co-accused”) were guilty, based on the doctrine
- Published in 2017, Criminal Law
Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Wednesday, 12 July 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Thursday, 15 June 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
