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South Africa Case Law

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Criminal Law [2024] ZANWHC 257

Lesele v S (CA 53/2020)

Lesele v S (CA 53/2020) [2024] ZANWHC 257 (17 October 2024)

The High Court dismissed an appeal against rape convictions on two counts and the resulting life sentences, upholding the trial court’s credibility findings and minimum-sentence approach.

  • Rape
  • Minimum Sentences
  • Credibility Of Witnesses
  • Appeal Against Conviction
  • Appeal Against Sentence
  • Criminal-law
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Criminal Law [2024] ZALMPPHC 134

Cawu v S (A29/2018)

Cawu v S (A29/2018) [2024] ZALMPPHC 134 (17 September 2024)

The High Court dismissed the appeal against attempted murder, but upheld the rape appeal because the evidence did not prove penetration beyond reasonable doubt.

  • Attempted Murder
  • Rape
  • Credibility Of Witnesses
  • Standard Of Proof
  • Sentencing Principles
  • Appeal Against Conviction
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Criminal Law [2024] ZAKZPHC 96

Chetty v S (AR221/2022)

Chetty v S (AR221/2022) [2024] ZAKZPHC 96 (10 January 2024)

Appeal against convictions for rape and sexual assault of a minor child dismissed. The High Court upheld the child complainant’s evidence and the conviction.

  • Rape Of Minor
  • Sexual Assault
  • Child Witness Evidence
  • Cautionary Rule
  • Competency Of Witness
  • Appeal Against Conviction
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Criminal Law [2023] ZAFSHC 210

Mokhethi v S (A145/2022)

Mokhethi v S (A145/2022) [2023] ZAFSHC 210 (30 May 2023)

The High Court upheld an appeal against a murder conviction, finding the circumstantial evidence and key witness testimony insufficient to prove guilt beyond reasonable doubt.

  • Circumstantial Evidence
  • Murder
  • Onus Of Proof
  • Credibility Of Witnesses
  • Appeal Against Conviction
  • Application Of Evidence
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Criminal Law [2022] ZANCHC 79

Madyavanhu and Others v S (K/S 38/2016)

Madyavanhu and Others v S (K/S 38/2016) [2022] ZANCHC 79 (21 October 2022)

Criminal appeal against convictions for rape, robbery and murder dismissed; the High Court upheld the identification evidence and life sentences.

  • Rape
  • Murder
  • Robbery With Aggravating Circumstances
  • Minimum Sentences
  • Identification Evidence
  • Appeal Against Conviction
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Criminal Law [2021] ZAGPJHC 619

Maqhwara v S (2019/A171)

Maqhwara v S (2019/A171) [2021] ZAGPJHC 619 (26 October 2021)

Appeal against rape convictions and life sentence. The High Court upheld one rape conviction and the life sentence, but set aside two other rape convictions.

  • Rape
  • Minimum Sentencing
  • Credibility Of Single Witness
  • Substantial And Compelling Circumstances
  • Elderly Victim
  • Appeal Against Conviction
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Criminal Law [2021] ZAGPJHC 799

Ndlovu and Another v S (A41/2021)

Ndlovu and Another v S (A41/2021) [2021] ZAGPJHC 799 (14 October 2021)

Appeal against conviction dismissed after the High Court found circumstantial evidence and recovered stolen property linked the appellants to a series of robberies.

  • Circumstantial Evidence
  • Similar Fact Evidence
  • Robbery With Aggravating Circumstances
  • Firearms Control Act
  • Appeal Against Conviction
  • Circumstantial-evidence
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Criminal Law [2021] ZAMPMHC 25

Seruma v S (Mphahlele DJP; Langa AJ)

Seruma v S (Mphahlele DJP; Langa AJ) [2021] ZAMPMHC 25 (7 October 2021)

The High Court dismissed an appeal against convictions for rape and attempted rape, finding the child complainant credible and the evidence sufficiently corroborated.

  • Rape
  • Attempted Rape
  • Single Witness Evidence
  • Credibility Of Child Witness
  • Appeal Against Conviction
  • Attempted-rape
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Criminal Law [2021] ZAECGHC 73

Matikinga and Others v S (13/2020)

Matikinga and Others v S (13/2020) [2021] ZAECGHC 73 (3 August 2021)

The High Court dismissed a criminal appeal against convictions for robbery with aggravating circumstances, holding that identification evidence was reliable and the 15-year sentence stood.

  • Robbery With Aggravating Circumstances
  • Identification Evidence
  • Photo Identification Parade
  • Minimum Sentencing
  • Appeal Against Conviction
  • Appeal Against Sentence
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Criminal Law [2021] ZAGPPHC 341

Hadebe v S (A282/2020)

Hadebe v S (A282/2020) [2021] ZAGPPHC 341 (24 May 2021)

The court found that the complainant's evidence, although that of a single witness, was credible and corroborated by DNA evidence linking the appellant to the crime. The Magistrate correctly applied the cautionary rule and found no motive for the complainant to falsely implicate the appellant. The appellant's version was rejected as false and fabricated. There were no material contradictions in the State's case, and the evidence supported the conviction. Regarding sentence, the court held that the seriousness of the crime and the absence of substantial and compelling circumstances justified t…

  • Rape Of A Child
  • Minimum Sentencing
  • Single Witness Cautionary Rule
  • Dna Evidence
  • Appeal Against Conviction
  • Appeal Against Sentence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.