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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
3 judgments
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3 judgments
Citation
Judgment date
February 2023
P D v S (CA14/22) [2023] ZANWHC 636 (7 February 2023)
Appeal allowed: sentencing vitiated by magistrate's bias; life imprisonment imposed for rape of a nine-year-old.
Criminal law – sentencing – appeal against sentence – appellate interference limited unless trial court’s discretion vitiated by irregularity, misdirection or sentence so shocking no reasonable court could have imposed it. Minimum sentences – s 51(1) and Schedule 2 of the Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances required to deviate from prescribed life imprisonment. Judicial conduct – impartiality, decorum and perceived bias – unreasonable language and extraneous findings by magistrate vitiated sentencing and warranted referral to Magistrates' Commission. Sexual offences – rape of a child by a person in position of trust – aggravating circumstances justify life imprisonment.
 7 February 2023
Schoombee v Minister of Police (2283/2017) [2023] ZANWHC 632 (6 February 2023)
Arrest of the applicant was lawful where reasonable suspicion of possession of stolen stock existed and documents were not produced.
Criminal procedure — Arrest without warrant — s 40(1)(g) Criminal Procedure Act — reasonable suspicion of unlawful possession of stock or produce. Stock Theft Act — sections 2 and 6 — failure to furnish transaction/identification documents. Evidence — brand marks and boluses (microchips) as linkage to foreign owners. Burden of proof — defendant must establish jurisdictional facts and reasonableness of suspicion. Discretion to arrest — must be rational and for proper purpose.
 6 February 2023
Aecom SA (Pty) Limited v Rustenburg Local Municipality (1341/2017) [2023] ZANWHC 631 (1 February 2023)
Plaintiff's failure to plead statutory registration under the Engineering Profession Act deprived it of locus standi to sue.
Engineering Profession Act 40 of 2000 – section 18(2) – statutory requirement to be registered to practise; Locus standi – sufficiency of pleadings – failure to allege registration deprives plaintiff of locus standi; Special plea of non-locus standi – procedural propriety and consequence; Pleading – leave to amend declaration granted.
 1 February 2023