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South Africa decisions
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Fox v S (A242/22) [2024] ZAGPPHC 830 (29 August 2024)
The High Court dismissed a murder appeal, holding that ballistic and circumstantial evidence showed the appellant fired the fatal shot that killed his wife.
Walton v S (CC 9/2017) [2020] ZAECPEHC 17 (9 June 2020)
The High Court granted leave to appeal a murder and related-conviction case, accepting an explanation for delay and noting new evidence about a key witness’s perjury conviction.
Porritt v S (A202/2018) [2018] ZAGPJHC 698 (10 December 2018)
The High Court dismissed an appeal against final forfeiture and cancellation of bail, holding the appellant failed to explain his 19 June 2017 non-appearance.
S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others (CCT121/17) [2018] ZACC 37; 2018 (12) BCLR 1553 (CC); 2019 (1) SA 370 (CC); [2018] 2 CPLR 411 (CC) (28 September 2018)
The Constitutional Court held that the Competition Commission's statutory investigative powers under Part B of Chapter 5 of the Competition Act remain intact and were not curtailed by the June 2016 order of the Competition Appeal Court. The Commission is authorised to exercise both coercive and non-coercive powers, including interviewing witnesses and compelling production of documents, in investigating whether the SABC-MultiChoice agreement constitutes a notifiable merger. The June 2016 order did not expressly or impliedly restrict the Commission to a desktop review of documents. The Competi…
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Liesching and Others v S (CCT304/16) [2018] ZACC 25; 2018 (11) BCLR 1349 (CC); 2019 (1) SACR 178 (CC); 2019 (4) SA 219 (CC) (29 August 2018)
The Constitutional Court considered whether a witness’s post-trial recantation was an exceptional circumstance under section 17(2)(f) of the Superior Courts Act.
Mkhize v Department of Correctional Services and Others (128/2014) [2015] ZASCA 7; (2015) 36 ILJ 1447 (SCA) (11 March 2015)
The SCA set aside the Labour Court and Labour Appeal Court decisions and remitted an unfair-dismissal dispute for further arbitration after new evidence of false testimony emerged.
Jaftha v S (687/2008) [2009] ZASCA 117; 2010 (1) SACR 136 (SCA) ; [2010] 1 All SA 403 (SCA) (25 September 2009)
The Supreme Court of Appeal allowed new evidence of post-conviction rehabilitation and, after a ten-year delay, replaced the prison sentence with a fine or imprisonment.
Kirkland v Kirkland (A434/04) [2005] ZAWCHC 42; [2005] 3 All SA 353 (C); 2006 (6) SA 144 (C) (10 June 2005)
The appellate court found that the trial judge erred in valuing certain assets, notably appellant's deposit with Barlows, which should have been reduced to reflect the actual loss. The court also held that the values of assets in England should have been adjusted for exchange rate fluctuations between the date of the settlement agreement and the date of judgment. While the parties had agreed on asset values, the court determined that material unforeseen deviations, such as realised sale values and currency changes, were relevant factors under section 7(5)(d) of the Divorce Act. The court decl…
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