Mlunguza and Others v S (CA 58/2022) [2024] ZANWHC 190 (18 July 2024)
Court
North West High Court, Mafikeng
Case number
CA 58/2022
Judges
Hendricks, Masike
The High Court dismissed eight appellants’ challenge to their murder convictions, upholding findings of identification, common purpose, and rejected alibi evidence.
Mazosiwe v S (CA&R102/23) [2024] ZAECMKHC 60 (11 June 2024)
Court
Eastern Cape High Court, Makhanda
Case number
CA&R102/23
Judges
Zilwa, Griffiths
The High Court upheld an appeal against a rape conviction, finding material misdirections in the trial court’s evaluation of consent, credibility, and expert evidence.
Ncobela and Another v S (A15/2022) [2024] ZAFSHC 123 (29 April 2024)
Court
Free State High Court, Bloemfontein
Case number
A15/2022
Judges
Vanzyl, Boonzaaier
Appeal court upheld convictions for robbery with aggravating circumstances, finding the identification evidence reliable and no basis to interfere with the trial court.
Nevhungoni v S (A30/2022) [2024] ZALMPTHC 22 (22 February 2024)
Court
Limpopo High Court, Thohoyandou
Case number
A30/2022
Judges
T C Tshidada, M B Madavha
The court found that the State presented credible, reliable, and corroborated evidence establishing the appellant's guilt beyond reasonable doubt for robbery with aggravating circumstances. The use of a firearm was confirmed by two state witnesses, and the appellant's version of events was rejected as inherently improbable. The trial court did not misdirect itself in its factual findings or in its assessment of the evidence. Regarding sentence, the court held that the aggravating circumstances outweighed any mitigating factors advanced by the appellant, and that the trial court correctly appl…
Fouche v S (A29/2021) [2021] ZAGPPHC 847 (18 November 2021)
Court
North Gauteng High Court, Pretoria
Case number
A29/2021
Judges
O K Matshitse, Selby Baqwa
The appeal court found that the trial magistrate correctly summarized the facts and evidence, properly evaluated the credibility of both State and defence witnesses, and applied the correct legal principles regarding the onus of proof and the standard of beyond reasonable doubt. The magistrate's acceptance of the State's evidence and rejection of the appellant's version was justified, and no material misdirection was identified. The factual findings of the trial court were presumed correct, and the appellant failed to demonstrate that the trial court was wrong in its acceptance of the State's…
Biyase v S (AR51/2020) [2021] ZAKZPHC 56 (27 August 2021)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR51/2020
Judges
Mngadi, Mlaba
The High Court dismissed an appeal against conviction and sentence for robbery, upholding identification evidence, rejecting the alibi, and confirming the minimum sentence.
Janki v S (AR65/2020) [2021] ZAKZPHC 67 (19 August 2021)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 65/2020
Judges
Mossop, Sibiya
The court found that the appellant's version was inconsistent and contradicted by the physical evidence, particularly the trajectory of the bullet wounds, which indicated the complainant was not advancing face-on as alleged. The complainant was found to be a credible witness, and the evidence did not support the existence of an imminent threat justifying private defence. The appellant's conduct was unreasonable and unlawful, and the defence of private defence failed. The automatic disqualification from possessing a firearm under section 103(1) of the Firearms Control Act was upheld, as the ap…
Mahase and Others v S (A139/2020) [2021] ZAFSHC 57 (11 March 2021)
Court
Free State High Court, Bloemfontein
Case number
A139/2020
Judges
MATHEBULA, CHESIWE
The High Court dismissed a murder appeal, finding the identification evidence reliable and upholding life sentences imposed after a gang-related killing.