South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2025] ZAWCHC 341 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

Lekhuleni

The Court found that Delano Saptoe was a co-accused of accused 3 and 14 at the time he made the warning statement in the lower court. The statement was made after the alleged offence and did not advance a common purpose; it was a narrative statement recounting past events. The statement did not qualify as an executive statement under the common law exception and thus could not be admitted against accused 3 and 14. Furthermore, the statement was taken in violation of Saptoe's constitutional right to legal representation, as he requested a lawyer before giving the statement but was denied one.…

Source excerpt

• Hearsay Evidence
• Admissibility Of Warning Statement
• Co Accused Statements
• Constitutional Right To Legal Representation
• Executive Vs Narrative Statement
• Law Of Evidence Amendment Act

Mokwele v S (A34/2021)

Mokwele v S (A34/2021) [2024] ZAGPPHC 51 (22 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A34/2021

Judges

Khumalo MP, Khwinana ENB

The appeal court found that the trial court correctly assessed the credibility of the complainant, a single child witness, and applied the necessary caution. The complainant's evidence was coherent and stood up to cross-examination, and contradictions were not material. The appellant's warning statement, admitting sexual intercourse with the complainant, was properly admitted and corroborated the complainant's account. The appellant's version was rejected as implausible, particularly his explanation regarding the locked door and his denial of the warning statement. The prescribed minimum sent…

Source excerpt

• Rape Of Minor
• Minimum Sentencing
• Single Witness Evidence
• Credibility Assessment
• Admissibility Of Warning Statement

Ndlovu and Others v S (A431/2009)

Ndlovu and Others v S (A431/2009) [2009] ZAGPPHC 141 (6 November 2009)

Court

North Gauteng High Court, Pretoria

Case number

A431/2009

Judges

B.R. Southwood, S.S. Omar

The High Court upheld an appeal against rape convictions, finding material inconsistencies and improbabilities in the complainant’s evidence made the convictions unsafe.

• Rape
• Single Witness Evidence
• Credibility Of Witnesses
• Admissibility Of Warning Statement
• Contradictory Evidence
• Single-witness-evidence