Molise v S (43/2020) [2024] ZAFSHC 155 (22 May 2024)
Court
Free State High Court, Bloemfontein
Case number
43/2020
Judge
Opperman
Leave to appeal was granted in a criminal matter involving convictions, life sentences, and disputes over a hostile witness’s statements and accomplice evidence.
Mbongwa v S (AR337/18) [2020] ZAKZPHC 50 (11 September 2020)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR337/18
Judges
Mngadi, Mnguni
The High Court dismissed an appeal against conviction for multiple robberies and housebreaking, finding the eyewitness identification reliable and no improper duplication.
Mkhize v S (AR64/19P) [2020] ZAKZPHC 49 (7 July 2020)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR64/19P
Judges
Chetty, Steyn
The High Court upheld an appeal against convictions for housebreaking, robbery and attempted murder, finding the State had not proved the appellant’s identity beyond reasonable doubt.
Nkonki and Another v S (CA149/2016) [2018] ZAECGHC 47 (7 June 2018)
Court
Eastern Cape High Court, Grahamstown
Case number
CA149/2016
Judges
M Makaula, MJ Lowe, GH Bloem
Appeal against convictions for murder and attempted robbery: first appellant’s conviction was upheld, while the second appellant’s conviction was set aside.
S v Deppe and Another (512/12) [2013] ZASCA 4 (7 March 2013)
Court
Supreme Court of Appeal
Case number
512/12
Judges
Schoeman, Malan, Van der Merwe
Criminal appeal on housebreaking and theft. The Supreme Court of Appeal held that corroborated single-witness evidence and circumstantial evidence proved guilt beyond reasonable doubt.
S v Mthembu (379/07) [2008] ZASCA 51; [2008] 3 All SA 159 (SCA); [2008] 4 All SA 517 (SCA) ; 2008 (2) SACR 407 (SCA) (10 April 2008)
Court
Supreme Court of Appeal
Case number
379/07
Judges
Cameron, Maya, Cachalia
The Supreme Court of Appeal held that evidence obtained from Ramseroop, the accomplice, through torture—including both his narrative testimony and real evidence (the Hilux and metal box)—was inadmissible under section 35(5) of the Constitution and Article 15 of the CAT. The court found an inextricable link between the torture and the evidence presented, rendering it irredeemably tainted. The exclusionary rule applies not only to accused persons but also to third parties such as accomplices. Without the tainted evidence, the remaining evidence was insufficient to sustain convictions on counts…