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South Africa decisions
Decisions matching the current search
Ngcobo v S (115/2024) [2025] ZASCA 12 (12 February 2025)
The SCA upheld an appeal against an attempted murder conviction, finding no proper corroboration, material contradictions, an unfair trial, and an unsustainable rejection of the alibi.
Jood and Another v S (Appeal) (A 22/2022) [2025] ZAGPPHC 120 (4 February 2025)
The High Court dismissed an appeal against murder convictions, holding that a known eyewitness reliably identified the appellants and that their alibi failed.
Emmanuel v S (A84/2022) [2025] ZAGPJHC 76 (31 January 2025)
The High Court dismissed a criminal appeal against convictions for murder and defeating the ends of justice, and upheld the sentence imposed.
S v Mandoza (A104/2022) [2024] ZAGPJHC 1228 (27 November 2024)
The appeal court found that the identification evidence of the appellant by the two state witnesses was credible and reliable, as both witnesses knew the appellant personally and observed him at the scene. The appellant's alibi was rejected as contrived and not reasonably possibly true, given the contradictions and lack of candour from his supporting witnesses. The court held that the doctrine of common purpose was correctly applied, as the appellant acted as a lookout and was present during the commission of the offences, thereby associating himself with the criminal enterprise. The prosecut…
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Maphumulo v S (AR388/2022) [2024] ZAKZPHC 90 (18 October 2024)
The High Court upheld an appeal against a rape conviction and life sentence after finding no inquiry into the complainant’s competence and no proper corroboration.
Mjekula and Another v S (CA17/2019) [2024] ZANWHC 174 (10 July 2024)
The High Court upheld an appeal against rape convictions, set aside the life sentences, and ordered the appellants’ release after finding material evidential contradictions.
Molopo v S (A57/23) [2024] ZAGPPHC 641 (21 June 2024)
The High Court dismissed an appeal against conviction, holding that witness identification was reliable despite the absence of an identification parade.
Thwala v S (A175/2023) [2024] ZAGPPHC 224 (29 January 2024)
The court found that the identification of the appellant by the single eyewitness, Maseko, was reliable and corroborated by fingerprint evidence, which placed the appellant at the scene of the crime. The appellant's alibi was proven false beyond reasonable doubt, as he failed to provide a plausible explanation for the presence of his fingerprints on the vehicle. The contradictions in State witness testimony were immaterial and did not affect the credibility of the evidence. The doctrine of common purpose applied to the attempted robbery conviction, as the appellant and his co-assailants acted…
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S v Matsemela [2023] ZAGPPHC 554; A158/2022 (13 July 2023)
The High Court upheld the appeal against an attempted murder conviction, finding material credibility problems, a defective charge sheet, and unsafe evaluation of the evidence.
Ngwenya v S (A144/2018) [2022] ZAGPPHC 87 (10 February 2022)
The appeal court found that the identification evidence was unreliable and fraught with inconsistencies. The witnesses' descriptions of the assailants were vague, contradictory, and not properly recorded in their statements or confirmed by the investigating officer. The circumstantial evidence did not exclude other reasonable inferences, and the appellant's alibi was supported by his sister without any credibility finding against her. The trial court misdirected itself in its factual findings and failed to properly assess the reliability of the identification evidence. The prosecution did not…
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