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South Africa decisions
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Ngwenya v Road Accident Fund (07832/16) [2025] ZAGPJHC 286 (7 March 2025)
The court dismissed the RAF’s special plea, found the plaintiff proved liability, declared an amended pleading invalid, and apportioned damages 90/10.
Maifadi v Dos Anjos Pedro (2020/27885) [2024] ZAGPJHC 1102 (31 October 2024)
The High Court refused leave to appeal after finding no reasonable prospect of success in a property sale dispute involving alleged encroachment and misrepresentation.
UNTU obo Motheng v Mafa N.O and Others (JR285/21) [2024] ZALCJHB 411 (25 October 2024)
The Court found that although the Commissioner did not expressly rule on the admissibility of the psychometric assessment report as hearsay evidence, this omission did not materially affect the outcome of the arbitration. The central dispute was whether the employer’s policies permitted the use of psychometric testing as a selection criterion for the position in question. The Commissioner focused on whether the employer had committed an unfair labour practice by requiring all candidates to undergo psychometric testing, and the content or result of the psychometric assessment was not in disput…
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Mkiwane v Motapanyane and Others (516/2018) [2024] ZAFSHC 301 (18 September 2024)
High Court ruling admitting hearsay statements and docket material from deceased police officers in a civil claim for unlawful arrest and detention.
S v Tsiane and Another (CC41/2023) [2024] ZAGPPHC 469 (17 April 2024)
The court found that both accused planned and executed the murder of the deceased, acting in common purpose. The dying declarations made by the deceased to his sister and another witness were admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration from independent witnesses and forensic evidence. The accused's explanations were rejected as untruthful and unreliable, with the court finding that their versions were not reasonably possibly true. The evidence established that the accused assaulted the deceased, poured paraffin on him, an…
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SJL Marais and Others v Transnet SOC Ltd (3517/2015) [2023] ZAFSHC 469 (24 November 2023)
The court found that the plaintiffs established, on a balance of probabilities, that the fire originated from overheated material fragments or sparks deposited by Transnet's train, specifically engine number 8910. The defendant failed to produce critical maintenance and inspection records, and its witnesses either lacked recollection or relied on hearsay and undiscovered documents. The absence of original records and the inability to cross-examine on documentary evidence rendered the defendant's case weak and unreliable. The plaintiffs' evidence, including eyewitness testimony, expert reports…
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Tuku v S (CA&R16/2020) [2022] ZANCHC 32 (20 May 2022)
The High Court dismissed an appeal against rape conviction and life sentence, finding the single witness credible, the complainant incapable of consent, and no basis to depart from minimum sentencing.
Khoza v S (SS 129/2003; A314/2016) [2021] ZAGPJHC 766 (3 December 2021)
Full Court criminal appeal on whether a conviction could stand on the reconstructed evidence of a single witness. The appeal was upheld and the convictions and sentences were set aside.
Sigcawu v S (A47/2021) [2021] ZAWCHC 137; 2022 (1) SACR 77 (WCC) (28 July 2021)
The court held that the regional magistrate did not misdirect herself in admitting and relying on the deceased's dying declaration as hearsay evidence. The appellant, represented by counsel, did not object to the admission of this evidence, which amounted to consent under section 3(1)(a) of the Law of Evidence Amendment Act. Even if section 3(1)(c) were considered, the interests of justice supported the admission of the evidence, given its reliability, corroboration by independent witnesses, and the absence of any cogent reason for the deceased to falsely implicate the appellant. The evidence…
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Nene v S (A87/2020) [2021] ZAGPJHC 83 (8 July 2021)
Appeal against convictions for kidnapping and three rapes dismissed; the High Court upheld the complainant’s evidence, hearsay ruling, and life sentence.
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