Skip to document content Skip to main menu Skip to search

High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
November 2005
S v Nkuna (CC113/05) [2005] ZANWHC 29 (17 November 2005)
Reported
A murder conviction can be sustained on cogent circumstantial evidence even where the body has not been found.
Criminal law – murder without corpus delicti – conviction on circumstantial evidence – inferential reasoning (R v Blom) – requirement that proved facts exclude every reasonable hypothesis of innocence.* Circumstantial evidence – proof of death and identity of perpetrator where body not found – admissibility and weight of forensic and identification evidence.* Criminal procedure – section 174 discharge – when prima facie case established by State.
 17 November 2005
June 2005
S v De Beer and Another (CC 104/2005) [2005] ZANWHC 30 (22 June 2005)
Whether a High Court may try offences committed within four kilometres beyond its magisterial boundary.
Criminal procedure – territorial jurisdiction – s 90 Magistrates' Courts Act (four-kilometre rule) considered with s 19 Supreme Court Act. Statutory construction – purposive interpretation and avoidance of absurdity. Criminal procedure – special plea under s 106(1)(f) – challenge to court's jurisdiction. Interests of justice – convenience, accessibility, and public interest as supportive practical considerations.
 22 June 2005
April 2005
S v Motlhoki (CA 164 of 2004) [2005] ZANWHC 28 (7 April 2005)
Court may reconsider and alter sentence under s 276A(3), considering pre- and post-sentence circumstances and victims' interests.
Criminal Procedure Act s 276A(3) – Reconsideration of sentence – Reconsidering court has same powers as at original sentencing – Must consider pre- and post-sentence circumstances and victims' interests. Correctional supervision – Conversion contemplated where prisoner shows rehabilitation and Parole Board recommendation. Participation – State entitled to appear and oppose s 276A(3) applications. Disposition – Court may confirm, convert, or impose any other proper sentence when reconsidering under s 276A(3)(e).
 7 April 2005
March 2005
Law Society of Northern Provinces v Maseka and Another (978/03) [2005] ZANWHC 31 (8 March 2005)
Reported
A law society may inspect an attorney's practice records under statutory powers; PAJA did not bar the investigative inspection.
Attorneys — inspection of accounting records — s70 Attorneys Act 1979 (and s65 Attorneys Act 1984(B)) — jurisdiction of Law Society under s71 and concurrent powers under s84A in respect of former Bophuthatswana practitioners — applicability of PAJA and audi — investigative inspection order granted.
 8 March 2005