South Africa Case Law

Ngubane v S (AR345/2013)

Ngubane v S (AR345/2013) [2016] ZAKZPHC 64 (26 April 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR345/2013

Judges

Koen, van Zyl, Seegobin

The court found that the evidence of the pointing out made by the appellant was properly admitted, as it was made freely and voluntarily, with all constitutional rights explained and respected. The interpreter, Warrant Officer Nomvalo, was independent and his evidence was the best available, eliminating hearsay concerns. The pointing out was corroborated by circumstantial evidence from witnesses and physical evidence, establishing the appellant's involvement in the planning and execution of the murder. The appellant's own admissions and failure to testify in his defence further strengthened t…

Source excerpt

• Admissibility Of Pointing Out
• Circumstantial Evidence
• Constitutional Rights
• Common Purpose
• Contract Killing
• Fair Trial Rights

Kubayi v S (A829/2014)

Kubayi v S (A829/2014) [2015] ZAGPPHC 985 (15 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

A829/2014

Judges

C Pretorius, NM Mavundla, AML Phatudi

The appeal was dismissed because the trial court correctly assessed the circumstantial evidence and found that, when considered as a whole, it established the appellant's guilt beyond reasonable doubt. The court found no misdirection in the trial court's evaluation of witness credibility, the admissibility of the pointing out, or the application of legal principles regarding circumstantial evidence. The appellant's explanations were not credible, and the evidence supported the conviction for murder.

Source excerpt

• Circumstantial Evidence
• Murder Conviction
• Admissibility Of Pointing Out
• Trial Within A Trial

Ndlovu and Another v S (A851/11)

Ndlovu and Another v S (A851/11) [2014] ZAGPPHC 1054 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A851/11

Judges

A L C M Lephoko, G Webster

The High Court dismissed appeals against conviction and sentence for robbery with aggravating circumstances, firearm possession, and ammunition possession.

• Robbery With Aggravating Circumstances
• Minimum Sentences Act
• Identification Evidence
• Admissibility Of Pointing Out
• Constitutional Rights
• Sentence Appeal

Mfikili v S (CC56/01)

Mfikili v S (CC56/01) [2009] ZAECBHC 11 (8 December 2009)

Court

Eastern Cape High Court, Bhisho

Case number

CC56/01

Judges

Plasket, Ebrahim, Nhlangulela

High Court criminal appeal on identification evidence and a pointing out. Convictions on the first two robbery counts were set aside; the remaining convictions were confirmed.

• Identification Evidence
• Dock Identification
• Admissibility Of Pointing Out
• Constitutional Rights
• Robbery With Aggravating Circumstances
• Criminal-law

S v James and Others (86/2003_)

S v James and Others (86/2003_) [2004] ZAFSHC 22; ; (31 March 2004)

Court

Free State High Court, Bloemfontein

Case number

86/2003

Judge

Musi

A High Court trial-within-a-trial held that accused number 3’s pointing-out evidence was freely and voluntarily made and therefore admissible.

• Admissibility Of Pointing Out
• Voluntariness Of Confession
• Undue Influence
• Credibility Of Witnesses
• Criminal-law
• Evidence