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South Africa decisions
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Naicker v Road Accident Fund (A282/2018) [2022] ZAGPPHC 914 (23 November 2022)
The High Court upheld an appeal in a RAF collision claim, found the trial court misread the probabilities, and ordered the Fund to pay 100% of damages.
Kholotsa v S (A49/2021) [2021] ZAFSHC 197 (9 September 2021)
The appeal court found no basis to interfere with the trial court's findings on conviction or sentence. The complainant's evidence was corroborated by medical evidence and was found credible. The appellant's alibi was rejected as improbable and contradicted by his own testimony. The trial court correctly found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment for rape. The appellant's personal circumstances were not extraordinary, and the trauma suffered by the complainant was severe. The sentencing discretion was proper…
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Advocate Viljoen N.O v Road Accident Fund (A76/19) [2021] ZAGPPHC 461 (19 July 2021)
High Court appeal on damages for loss of earning capacity arising from a serious brain injury claim. The court set aside the trial award and fixed a higher lump sum.
Calitz v S (A441/2018) [2020] ZAGPPHC 499 (21 August 2020)
The High Court dismissed an appeal against sentence for possession of unlicensed firearms, holding that the trial court exercised its discretion properly.
Rusi v S (CA&R289/2018) [2019] ZAECGHC 84 (16 August 2019)
The High Court substituted a conviction for common assault after finding the evidence did not prove intent to do grievous bodily harm.
Mahlangu v S (383/2017) [2019] ZAGPPHC 35 (25 February 2019)
The High Court upheld an appeal against conviction for housebreaking and robbery, finding the identification evidence inadequate and the state’s proof insufficient.
Director of Public Prosecutions, Gauteng v Pistorius (950/2016) [2017] ZASCA 158; 2018 (1) SACR 115 (SCA); [2018] 1 All SA 336 (SCA) (24 November 2017)
The Supreme Court of Appeal found that the trial court misdirected itself by overemphasising the respondent's personal circumstances and giving undue weight to rehabilitation, while failing to properly consider the seriousness of the offence and the need for deterrence and retribution. The respondent did not demonstrate genuine remorse, having failed to explain his actions or take the court fully into his confidence. The facts did not disclose substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of 15 years' imprisonment for murder. The sentence o…
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Jordaan v S (A852/15) [2016] ZAGPPHC 1069 (20 December 2016)
The High Court upheld an appeal against sentence, finding the magistrate failed to properly weigh mitigating factors and that eight years’ imprisonment was disturbingly inappropriate.
De Wee v S (CA&R135/2016) [2016] ZAECGHC 152 (20 October 2016)
The High Court dismissed a sentence appeal and confirmed life imprisonment for rape, finding no material misdirection or substantial and compelling circumstances.
Moodley v S (A526/15) [2016] ZAGPPHC 370 (10 May 2016)
The High Court reduced a 17-year-old offender’s effective sentence from 43 to 18 years, finding the original cumulative sentence excessive and failing to account for concurrency.
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