South Africa Case Law

Ngaka v S (Appeal) (CA13/2019)

Ngaka v S (Appeal) (CA13/2019) [2025] ZANWHC 137 (7 August 2025)

Court

North West High Court, Mafikeng

Case number

CA13/2019

Judges

R D Hendricks, M Morgan

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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• Admissibility Of Evidence
• Child Witnesses
• Section 164 Criminal Procedure Act
• Burden Of Proof
• Fair Trial Rights

A.F.M. obo Minors v Road Accident Fund (17796/2022)

A.F.M. obo Minors v Road Accident Fund (17796/2022) [2025] ZAGPPHC 692 (7 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

17796/2022

Judge

Mfenyana

The High Court dismissed a Road Accident Fund claim for loss of support, finding the plaintiff proved support rights but not negligence by another driver.

• Loss Of Support
• Road Accident Fund Act
• Locus Standi
• Negligence
• Customary Marriage
• Admissibility Of Evidence

Nel v S (Leave to Appeal) (CC32/2023)

Nel v S (Leave to Appeal) (CC32/2023) [2025] ZAGPPHC 703 (26 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC32/2023

Judge

Thobane

The High Court granted condonation for a late leave-to-appeal application but refused leave, finding no reasonable prospects of success against conviction.

• Leave To Appeal
• Condonation
• Admissibility Of Evidence
• Character Evidence
• Prospects Of Success
• Leave-to-appeal

Registrar of Labour Relations v Public Servants Association of South Africa (J744/24)

Registrar of Labour Relations v Public Servants Association of South Africa (J744/24) [2025] ZALCJHB 293 (24 June 2025)

Court

Labour Court Johannesburg

Case number

J744/24

Judge

Phehane

The Labour Court dismissed an application to place the PSA under administration, finding the Registrar had not proved a sufficient basis for intervention.

• Trade Union Administration
• Section 103a Lra
• Forensic Investigation Evidence
• Admissibility Of Evidence
• Protection Of Personal Information Act
• Business Rescue Comparison

Nokhokhoba and Another v S (Leave to Appeal) (CC28/2024)

Nokhokhoba and Another v S (Leave to Appeal) (CC28/2024) [2025] ZAECMHC 50 (3 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC28/2024

Judge

Ngoqo

The High Court refused leave to appeal against convictions for serious violent offences, finding no reasonable prospects of success under section 17 of the Superior Courts Act.

• Leave To Appeal
• Reasonable Prospects Of Success
• Section 204 Witness
• Admissibility Of Evidence
• Forensic Evidence
• Credibility Of Witnesses

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024)

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024) [2025] ZASCA 67 (26 May 2025)

Court

Supreme Court of Appeal

Case number

417/2024

Judges

Nicholls, Hughes, Keightley, Baartman, Windell

The Supreme Court of Appeal held that the defects in the search warrant—incorrect address and failure to name specific officers—were technical and not flagrant violations of constitutional rights. The police acted in good faith, sought judicial authority, and the evidence seized was real and highly probative. There was no coercion or deliberate disregard for the respondents' rights. The evidence could have been lawfully obtained under section 22 of the Criminal Procedure Act. Admission of the evidence would not render the trial unfair or bring the administration of justice into disrepute. The…

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• Admissibility Of Evidence
• Search And Seizure
• Section 35 5 Constitution
• Drug Trafficking
• Defective Search Warrant

Mazeka v Road Accident Fund (A343/2023)

Mazeka v Road Accident Fund (A343/2023) [2025] ZAGPPHC 510 (12 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A343/2023

Judges

NGM Mazibuko, Selby Baqwa, JJ Strijdom

The High Court upheld an appeal in a Road Accident Fund matter, finding the trial court wrongly relied on unadmitted hospital records and rejected credible evidence of the collision.

• Road Accident Fund Act
• Personal Injury Liability
• Burden Of Proof
• Admissibility Of Evidence
• Road-accident-fund
• Personal-injury

TotalGaz Southern African (Pty) Ltd v Sapling Trade and Invest 26 (Pty) Ltd and Another (D11539/2022)

TotalGaz Southern African (Pty) Ltd v Sapling Trade and Invest 26 (Pty) Ltd and Another (D11539/2022) [2025] ZAKZDHC 18 (5 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D11539/2022

Judge

Shapiro

The plaintiff failed to discharge its burden of proof by not leading admissible evidence to establish the truth of the contents of the delivery notes and invoices upon which its claim was based. There was no agreement between the parties regarding the accuracy of these documents, and the plaintiff did not call the authors to testify. The court held that mere discovery and inclusion of documents in trial bundles, or confirmation that they form part of company records, does not render their contents admissible or prove the underlying transactions. In the absence of admissible evidence, there wa…

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• Absolution From Instance
• Burden Of Proof
• Admissibility Of Evidence
• Hearsay Rule
• Liquidated Claim
• Suretyship

Phoshoko v S (Appeal) (AA09/2022)

Phoshoko v S (Appeal) (AA09/2022) [2025] ZALMPPHC 90 (5 May 2025)

Court

Limpopo High Court, Polokwane

Case number

AA 09/2022

Judges

Naude-Odendaal, Diamond, Pillay

The appeal court found that the trial court committed several procedural irregularities that went to the heart of the appellant's right to a fair trial. These included the improper admission of evidence without adequate ventilation in a 'trial within a trial', the trial court's intervention and limitation of cross-examination, and the acceptance of inadmissible hearsay evidence. The trial court failed to clarify which evidence formed the basis of the conviction and did not properly address the admissibility of the pointing out and confession. The cumulative effect of these irregularities rend…

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• Fair Trial Rights
• Admissibility Of Evidence
• Procedural Irregularity
• Confession And Admission
• Criminal Appeal
• Unconstitutionally Obtained Evidence

Howell v Road Accident Fund (2019/28805)

Howell v Road Accident Fund (2019/28805) [2025] ZAGPJHC 401 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/28805

Judge

GC Wright

The High Court found the Road Accident Fund trial was not ready to proceed because discovery was incomplete and a disputed police statement required a trial within a trial.

• Discovery Of Documents
• Admissibility Of Evidence
• Road Accident Claim
• Costs Reservation
• Discovery-of-documents
• Admissibility-of-evidence