Regional Court of South Africa, KwaZulu Natal Regional Division

134 judgments

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134 judgments
Citation
Judgment date
June 2025
Review application dismissed due to lack of authority and untimeliness in challenging taxation proceedings.
Taxation of costs – authority to represent – failure to comply with procedural requirements – remedies for unopposed taxation.
26 June 2025
Court evaluates substantial and compelling circumstances to potentially deviate from the prescribed minimum for robbery.
Criminal Law – Sentencing – Robbery with aggravating circumstances – Substantial and compelling circumstances – Prescribed minimum sentence.
24 June 2025
Conviction of police officers for corruption upheld with a mandatory minimum sentence emphasizing societal interest in deterring corruption.
Criminal law - Sentencing - Corruption - Police bribery - Minimum sentence - Substantial and compelling circumstances - Societal interests in deterrence.
19 June 2025
Police officers found guilty of corruption after lawful entrapment operation without credible defense against bribery claims.
Criminal Law – Corruption by police officers – Entrapment operation admissibility – Section 252A compliance – Conviction in absence of testimony.
11 June 2025
May 2025
Robbery conviction based on circumstantial evidence, single witness identification, and admissibility of warrantless search.
Criminal law – Robbery – Use of circumstantial evidence – Warrantless search – Single witness identification.
29 May 2025
Accused found guilty of robbery and attempted robbery, with witness identification and circumstantial evidence proving decisive.
Criminal Law - Identification evidence - Evaluation of single witness identification and dock identification - Robbery with aggravating circumstances - Application of minimum sentencing legislation to inchoate offenses.
20 May 2025
April 2025
9 April 2025
December 2024
Court deemed arrest and detention lawful in a domestic violence charge; plaintiff's claim dismissed with costs.
Criminal Procedure – Domestic violence arrest – Lawfulness of warrantless arrest – Justification of detention – Exercise of discretion in arrest.
3 December 2024
November 2024
29 November 2024
Supermarket found liable for damages due to insufficient evidence of safety measures to prevent slip and fall accident.
Tort Law – Personal Injury – Slip and Fall – Negligence – Duty of Care – Res Ipsa Loquitur – Reasonableness of Safety Systems
26 November 2024
25 November 2024
The court rescinded an unlawful taxation allocatur, limiting costs to a specific court order's timeframe.
Costs order - Rescission of allocatur - Whether covering entire defense costs was justified - Jurisdiction of court to rescind taxing master's decision.
14 November 2024
August 2024
Accused were convicted for a fraudulent payment scheme against Massmart and money laundering violations.
Fraud – Unauthorised payments – Misrepresentation to Massmart and Standard Bank – Money laundering under the Prevention of Organized Crime Act.
28 August 2024
Attorney sentenced to imprisonment for theft of trust funds, emphasizing custodial sentences for maintaining professional integrity.
Criminal Law - Theft of trust funds - Sentencing of attorneys - Custodial sentences necessary to reflect crime's gravity and serve as deterrence.
8 August 2024
May 2024
Court finds employees and a service provider guilty of fraud in false invoicing scheme using testimonial and circumstantial evidence.
Fraud – False invoicing – Reliable accomplice witness and hearsay evidence – Corporate crime implication – Inferential reasoning for guilt.
14 May 2024
April 2024
30 April 2024
26 April 2024
The court found the accused guilty of rape and assault based on credible testimony from child witnesses supported by medical evidence.
Criminal Law - Sexual Offences - Assessing credibility of child witnesses - Reliability without corroboration - Consistency in testimony.
22 April 2024
22 April 2024
February 2024

Bail pending review - appeal processes complete - review grounds - incompetence of counsel - state reneging on an informal plea agreement - bail pending review test - late filing - abuse of process - bail and the interests of justice - schedule 5

 

29 February 2024
October 2023
25 October 2023
25 October 2023
July 2023
24 July 2023

Fraud and contraventions - Municipal Financial Management Act

14 July 2023
June 2023
30 June 2023
April 2023
24 April 2023
March 2023

Commercial crime - Leave to appeal sentence

 

13 March 2023
February 2023

Plea of guilty to various counts of fraud - Large amount of fraud - Prescribed minimum sentences

Pathological gambling addiction - Primary care-giver - Expert evidence of psychiatrist

14 February 2023
9 February 2023
January 2023
13 January 2023
Accused acquitted on grounds of private defence; state's evidence insufficient to prove guilt beyond reasonable doubt.
Criminal Law - Private Defence - Self-defence in familial conflict - Burden of proof in private defence claims - Credibility and proportionality of defensive acts.
13 January 2023
October 2022
6 October 2022
September 2022
30 September 2022
August 2022
31 August 2022
4 August 2022
July 2022
27 July 2022
26 July 2022
18 July 2022
4 July 2022
June 2022
13 June 2022
7 June 2022
May 2022

342A application - Inordinate pre-arrest delays

 

22 May 2022
April 2022
26 April 2022
21 April 2022
21 April 2022
21 April 2022
21 April 2022
20 April 2022
8 April 2022
8 April 2022