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South Africa Case Law

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Criminal Law [2025] ZANWHC 95

Motepe v S (Appeal) (CA25/2021)

Motepe v S (Appeal) (CA25/2021) [2025] ZANWHC 95 (2 June 2025)

The High Court dismissed an appeal against a rape conviction, finding the complainant credible, the appellant’s version improbable, and consent not proved.

  • Rape
  • Absence Of Consent
  • Onus Of Proof
  • Sexual Offences Act
  • Cautionary Rule
  • Assessment Of Evidence
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Criminal Law [2021] ZALMPPHC 76

Matsimela and Another v S (A16/2021)

Matsimela and Another v S (A16/2021) [2021] ZALMPPHC 76 (26 October 2021)

The High Court dismissed a rape appeal, upholding convictions and life sentences after finding the complainant did not consent and no substantial mitigation existed.

  • Rape
  • Absence Of Consent
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sexual Offences Act
  • Appeal Procedure
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Criminal Law [2020] ZALMPPHC 82

Shai v S (A14/2019)

Shai v S (A14/2019) [2020] ZALMPPHC 82 (21 October 2020)

The High Court dismissed the conviction appeal for rape but upheld the sentence appeal, reducing life imprisonment to 10 years.

  • Rape
  • Absence Of Consent
  • Minimum Sentencing
  • Criminal Law Amendment Act
  • Sexual Offences
  • Appeal On Sentence
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Criminal Law [2017] ZASCA 114

Otto v S (988/2016)

Otto v S (988/2016) [2017] ZASCA 114; 2019 (3) SA 189 (WCC) (21 September 2017)

The Supreme Court of Appeal dismissed Otto’s appeal against rape conviction and 22-year sentence, finding lack of consent and intention proved.

  • Rape
  • Absence Of Consent
  • Mens Rea
  • Sentencing Guidelines
  • Sexual Offences Act
  • Child Victim
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Criminal Law [2011] ZASCA 52

A S v S (349/10)

A S v S (349/10) [2011] ZASCA 52 (30 March 2011)

Appeal against an indecent assault conviction dismissed. The court held that the single child witness was credible, and the minor inconsistencies did not undermine the conviction.

  • Indecent Assault
  • Single Witness Evidence
  • Child Witness
  • Credibility Assessment
  • Absence Of Consent
  • Criminal-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.