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South Africa decisions
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A.Z v S (Appeal) (A41/2025) [2025] ZAWCHC 340 (11 August 2025)
The High Court dismissed an appeal against life imprisonment for the murder of the appellant’s young cousin, holding there were no substantial and compelling circumstances.
S v Lenting and Others (CC08/2018) [2025] ZAWCHC 341 (11 August 2025)
The Court found that Delano Saptoe was a co-accused of accused 3 and 14 at the time he made the warning statement in the lower court. The statement was made after the alleged offence and did not advance a common purpose; it was a narrative statement recounting past events. The statement did not qualify as an executive statement under the common law exception and thus could not be admitted against accused 3 and 14. Furthermore, the statement was taken in violation of Saptoe's constitutional right to legal representation, as he requested a lawyer before giving the statement but was denied one.…
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Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)
The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
Ngaka v S (Appeal) (CA13/2019) [2025] ZANWHC 137 (7 August 2025)
The trial court failed to conduct a comprehensive and effective enquiry under Section 164 of the Criminal Procedure Act to establish whether the complainant understood the distinction between truth and a lie and the implications of lying. The superficial questioning and lack of proper admonishment rendered the complainant's evidence inadmissible. Without this evidence, the remaining evidence presented by the State was insufficient to prove the appellant's guilt beyond reasonable doubt. The failure to comply with the statutory requirements constituted a fatal misdirection, necessitating the se…
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Nowtham v S (A2025/091731) [2025] ZAKZDHC 50 (7 August 2025)
Appeal against a bail refusal in a Schedule 6 murder case was dismissed. The High Court held that the magistrate correctly found no exceptional circumstances.
Mtalingoane v S (Appeal) (CA32/2024) [2025] ZANWHC 138 (7 August 2025)
The North West High Court dismissed an appeal against a life sentence for rape of a 14-year-old, finding no substantial and compelling circumstances.
Maquthu v S (Appeal) (CA57/2024) [2025] ZANWHC 139 (7 August 2025)
The High Court dismissed a murder conviction appeal, holding that the trial court properly assessed witness credibility and that recorded contradictions were not material.
Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)
The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…
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Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)
The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…
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S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)
The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant date…
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