South Africa Case Law

Malizana and Others v S (A151/2023)

Malizana and Others v S (A151/2023) [2025] ZAWCHC 10 (21 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A151/2023

Judges

C.N. Nziweni, M.I. Samela

The appeal was dismissed because the trial court's findings were justified on the record. The evidence, including the manner in which the deceased's hands were tied, the improbability of suicide, and the injuries sustained, supported a finding of homicide rather than suicide. The contradictions in the brothers' testimony were peripheral and did not undermine their credibility. The expert evidence presented by the defence was speculative and not based on sufficient scientific methodology, whereas the State's expert attended the scene and provided credible findings. The trial court correctly re…

Source excerpt

• Murder
• Kidnapping
• Assault With Intent To Do Grievous Bodily Harm
• Common Purpose
• Admissibility Of Uncross Examined Evidence
• Citizens Arrest