Skip to document content Skip to main menu Skip to search

Regional Court of South Africa, KwaZulu Natal Regional Division - 2021 August

6 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Outcomes
  • Case actions
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
August 2021
S v Mazibuko (SH 111/2020) [2021] ZAKZNRD 41 (20 August 2021) (Bail Appeal)
The court considers health deterioration and COVID-19 risk in granting bail pending trial.

Criminal law – bail – application on basis of health and COVID-19 risk – material change in circumstances due to health deterioration and pandemic.

 20 August 2021
S v Shabalala (SH 94/2020) [2021] ZAKZNRD 25 (19 August 2021) (Sentence)
Whether substantial and compelling circumstances justified departing from the s51(2) fifteen-year minimum sentence for murder.
Criminal law – Murder – Minimum sentencing – section 51(2) Criminal Law Amendment Act 105 of 1997 – whether substantial and compelling circumstances justify departure from prescribed minimum. Sentencing principles – Proportionality, moral culpability, youth/maturity, intoxication, and pre-sentence detention as mitigating considerations. Ancillary orders – Firearms Control Act s103 notices and seizure; victim participation under s299A Criminal Procedure Act; psychosocial assessment and support for victim’s family.
 19 August 2021
S v Cele (SH 40/2020) [2021] ZAKZNRD 6 (17 August 2021)
Court evaluates credibility of testimony in a rape case; accused acquitted due to inconsistent evidence.
Criminal Law – Rape – Credibility of the complainant's testimony – Delay in reporting – Admission of hearsay evidence.
 17 August 2021
S v Mazibuko (SH 05/ 2021) [2021] ZAKZNRD 40 (17 August 2021)
Court acquits the accused of murder due to insufficient evidence and lack of proof beyond reasonable doubt.
Criminal Law - Murder charge - standard of proof beyond reasonable doubt - Role of circumstantial evidence and witness credibility.
 17 August 2021
S v Dlungwane (SH 134/2020) [2021] ZAKZNRD 39 (11 August 2021) (Sentence)
Court emphasizes rehabilitation over incarceration for a first-offender driver in culpable homicide due to negligence.
Culpable homicide - sentencing principles - remorse and rehabilitation considerations - proportionality and parity in similar offenses.
 11 August 2021
S v Shabalala (SH 94/2020) [2021] ZAKZNRD 24 (6 August 2021)
Court convicted the accused of murder on direct-intent evidence; common purpose not established as to others.
Criminal law – Murder – direct intention (dolus directus) established by hammer blows and kicking causing fatal blunt-force trauma; Doctrine of common purpose – requirements not met; Evidence – eyewitness identification, corroboration and cellphone records; Alibi – late disclosure and credibility issues; Assessment of inconsistencies between prior statements and viva voce evidence.
 6 August 2021