South Africa Case Law

S v M.P.M (A43/2018)

S v M.P.M (A43/2018) [2021] ZALMPPHC 47 (18 August 2021)

Court

Limpopo High Court, Polokwane

Case number

A43/2018

Judges

Kganyago, Muller

The court found that the appellant admitted the age of the complainant in his section 112(2) statement and that the birth certificate was submitted and unchallenged, satisfying the requirement for proof of age. The appellant was not a first offender, having a previous conviction for rape of a close relative, and committed the current offence while on trial for another rape. The trial court properly considered both aggravating and mitigating factors and correctly concluded that there were no substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of l…

Source excerpt

• Rape
• Minimum Sentencing
• Admission Of Facts
• Proof Of Age
• Substantial And Compelling Circumstances

Ndlovu v S (A128/2020)

Ndlovu v S (A128/2020) [2021] ZAGPJHC 357 (31 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A128/2020

Judges

Siwendu, Nichols

The High Court dismissed Gerald Ndlovu’s appeal against murder conviction and 15-year sentence, upholding findings on common purpose, admissions, and credibility.

• Murder
• Common Purpose
• Criminal Law Amendment Act
• Admission Of Facts
• Leave To Appeal
• Common-purpose

Malebo v State (A235/2017)

Malebo v State (A235/2017) [2018] ZAFSHC 130 (11 January 2018)

Court

Free State High Court, Bloemfontein

Case number

A235/2017

Judges

Molitsoane, Mathebula

The High Court upheld a rape conviction appeal, finding the complainant was intoxicated but not shown to be incapable of consenting, and that the accused’s version was reasonably possibly true.

• Rape
• Consent
• Intoxication
• Single Witness Cautionary Rule
• Admission Of Facts
• Credibility Assessment

S v Molefe, S v Mothudi, S v Matunda; S v Motona (90/08, B115/08, A207/08, B147/08, P300/08)

S v Molefe, S v Mothudi, S v Matunda; S v Motona (90/08, B115/08, A207/08, B147/08, P300/08) [2009] ZANWHC 6 (19 March 2009)

Court

North West High Court, Mafikeng

Case number

90/08, B115/08, A207/08, B147/08, P300/08

Judges

A. M. Kgoele, R. D. Hendricks

The High Court set aside four guilty-plea convictions after finding the section 112(1)(b) inquiries were inadequate, leading, and legally insufficient.

• Section 112 1 B Inquiry
• Plea Of Guilty
• Admission Of Facts
• Leading Questions
• Conviction On Alternative Count
• Section-112-inquiry