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South Africa Case Law

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Criminal Law [2023] ZANWHC 240

J.M.M v S (CA 28/2023)

J.M.M v S (CA 28/2023) [2023] ZANWHC 240 (19 December 2023)

Criminal appeal against a 36-year effective rape sentence dismissed. The court found no substantial and compelling circumstances and no basis to interfere.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Condonation
  • Appeal Dismissal
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Criminal Law [2023] ZAFSHC 269

Mahlangu v S (A176/2022)

Mahlangu v S (A176/2022) [2023] ZAFSHC 269 (10 July 2023)

The High Court dismissed an appeal against convictions for kidnapping and rape, finding the complainant’s evidence was properly corroborated and the sentences justified.

  • Rape
  • Kidnapping
  • Single Witness Evidence
  • Sentencing Prerogative
  • Corroboration
  • Appeal Dismissal
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Criminal Law [2020] ZASCA 99

Lungisa v S (696/2019)

Lungisa v S (696/2019) [2020] ZASCA 99; 2021 (1) SACR 1 (SCA) (9 September 2020)

The Supreme Court of Appeal dismissed Andile Lungisa’s sentence appeal, upholding an effective two-year prison term for assault with intent to cause grievous bodily harm.

  • Assault With Intent To Cause Grievous Bodily Harm
  • Sentencing Discretion
  • Mitigating And Aggravating Factors
  • Correctional Supervision
  • Appeal Dismissal
  • Criminal-sentencing
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Criminal Law [2020] ZAGPPHC 195

Dlamini v S (271/2019)

Dlamini v S (271/2019) [2020] ZAGPPHC 195 (28 May 2020)

High Court appeal against a rape conviction and life sentence for sexual offences against an 8-year-old child was dismissed.

  • Rape Of Minor
  • Minimum Sentence Regime
  • Credibility Of Witnesses
  • Medical Evidence
  • Appeal Dismissal
  • Child-rape
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Criminal Law [2020] ZAWCHC 32

Jantjies v S (A273/19)

Jantjies v S (A273/19) [2020] ZAWCHC 32 (9 March 2020)

The High Court dismissed Michael Jantjies’s appeal against three rape convictions, holding that the complainant’s single-witness evidence was credible and reliable.

  • Rape
  • Single Witness Evidence
  • Cautionary Rule
  • Credibility Assessment
  • Corroboration
  • Appeal Dismissal
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Criminal Law [2019] ZAFSHC 104

Singhapi v S (A81/2019)

Singhapi v S (A81/2019) [2019] ZAFSHC 104 (11 June 2019)

The court held that the appellant failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The reasons advanced by the appellant, including his employment, family responsibilities, and assurance not to abscond, were not considered exceptional in the context of the evidence presented. The magistrate did not err in his assessment, nor did he place undue emphasis on community trust or the strength of the State's case. Accordingly, the appeal against the refusal of bail was dismissed.

  • Bail Application
  • Exceptional Circumstances
  • Onus Of Proof
  • Criminal Procedure Act
  • Appeal Dismissal
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Criminal Law [2019] ZAGPJHC 421

S v Nhlanhla (A94/2019)

S v Nhlanhla (A94/2019) [2019] ZAGPJHC 421 (18 April 2019)

The High Court held that the magistrate had not materially misdirected himself and dismissed Duda Nhlanhla’s criminal appeal.

  • Magistrate Misdirection
  • Appeal Dismissal
  • Criminal-law
  • Magistrate-misdirection
  • Appeal-dismissal
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Criminal Law [2017] ZAGPPHC 225

T v S (A62/2016)

T v S (A62/2016) [2017] ZAGPPHC 225 (16 May 2017)

The High Court dismissed a criminal appeal against conviction and life imprisonment for raping a 10-year-old child, finding no substantial and compelling circumstances.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Criminal Procedure Act
  • Appeal Dismissal
  • Rape-of-minor
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Banking And Finance [2013] ZANCT 60

Pettenburger-Perwald and Another v Bayport Financial Services (Pty) Ltd and Others (NCT/10293/2013/148(1)P)

Pettenburger-Perwald and Another v Bayport Financial Services (Pty) Ltd and Others (NCT/10293/2013/148(1)P) [2013] ZANCT 60 (11 December 2013)

The National Consumer Tribunal dismissed an appeal against refusal to confirm a debt re-arrangement agreement because the appellants did not comply with procedural rules and did not appear.

  • National Credit Act
  • Debt Rearrangement
  • Tribunal Rules
  • Appeal Dismissal
  • National-credit-act
  • Debt-rearrangement
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Labour Law [2013] ZASCA 135

Ethekwini Municipality v South African Municipality Workers Union and Others (442/2011)

Ethekwini Municipality v South African Municipality Workers Union and Others (442/2011) [2013] ZASCA 135 (27 September 2013)

The Supreme Court of Appeal dismissed this labour appeal as moot under section 21A, holding that the expired agreement meant no practical effect could follow.

  • Collective Agreements
  • Jurisdiction Of Bargaining Councils
  • Practical Effect Of Orders
  • Appeal Dismissal
  • Costs Orders
  • Mootness
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About this LexChat collection

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.