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South Africa Case Law

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Criminal Law [2025] ZAECMKHC 27

Cetyiwe v S (CA&R 148/2024)

Cetyiwe v S (CA&R 148/2024) [2025] ZAECMKHC 27 (25 March 2025)

The High Court partly upheld an appeal against criminal convictions, setting aside counts 1, 3 and 4, but confirming the theft conviction on count 2.

  • Theft
  • Housebreaking
  • Essential Infrastructure
  • Circumstantial Evidence
  • Possession Of Implements
  • Appeal On Conviction
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Criminal Law [2025] ZAWCHC 76

Fouche v S (Appeal) (A 239/24)

Fouche v S (Appeal) (A 239/24) [2025] ZAWCHC 76 (25 February 2025)

High Court appeal against a rape conviction dismissed. The court upheld the magistrate’s credibility findings and found no material misdirection.

  • Rape
  • Single Witness Evidence
  • Appeal On Conviction
  • Minimum Sentence Legislation
  • Credibility Assessment
  • Criminal-appeal
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Criminal Law [2024] ZANWHC 190

Mlunguza and Others v S (CA 58/2022)

Mlunguza and Others v S (CA 58/2022) [2024] ZANWHC 190 (18 July 2024)

The High Court dismissed eight appellants’ challenge to their murder convictions, upholding findings of identification, common purpose, and rejected alibi evidence.

  • Murder
  • Common Purpose
  • Identification Evidence
  • Credibility Of Witnesses
  • Appeal On Conviction
  • Minimum Sentencing
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Criminal Law [2024] ZAECMKHC 60

Mazosiwe v S (CA&R102/23)

Mazosiwe v S (CA&R102/23) [2024] ZAECMKHC 60 (11 June 2024)

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.

  • Rape
  • Consent
  • Intoxication
  • Mens Rea
  • Credibility Of Witnesses
  • Appeal On Conviction
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Criminal Law [2024] ZAFSHC 123

Ncobela and Another v S (A15/2022)

Ncobela and Another v S (A15/2022) [2024] ZAFSHC 123 (29 April 2024)

Appeal court upheld convictions for robbery with aggravating circumstances, finding the identification evidence reliable and no basis to interfere with the trial court.

  • Robbery With Aggravating Circumstances
  • Identification Evidence
  • Appeal On Conviction
  • Cautionary Rule
  • Credibility Of Witnesses
  • Criminal-appeal
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Criminal Law [2024] ZALMPTHC 22

Nevhungoni v S (A30/2022)

Nevhungoni v S (A30/2022) [2024] ZALMPTHC 22 (22 February 2024)

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…

  • Robbery With Aggravating Circumstances
  • Sentencing Discretion
  • Appeal On Conviction
  • Appeal On Sentence
  • Mitigating Factors
  • Firearm Use In Crime
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Criminal Law [2021] ZAGPPHC 847

Fouche v S (A29/2021)

Fouche v S (A29/2021) [2021] ZAGPPHC 847 (18 November 2021)

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…

  • Drunken Driving
  • Assault
  • Credibility Of Witnesses
  • Onus Of Proof
  • Appeal On Conviction
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Criminal Law [2021] ZAKZPHC 56

Biyase v S (AR51/2020)

Biyase v S (AR51/2020) [2021] ZAKZPHC 56 (27 August 2021)

The High Court dismissed an appeal against conviction and sentence for robbery, upholding identification evidence, rejecting the alibi, and confirming the minimum sentence.

  • Robbery With Aggravating Circumstances
  • Identification Evidence
  • Minimum Sentencing
  • Alibi Defence
  • Appeal On Sentence
  • Appeal On Conviction
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Criminal Law [2021] ZAKZPHC 67

Janki v S (AR65/2020)

Janki v S (AR65/2020) [2021] ZAKZPHC 67 (19 August 2021)

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…

  • Private Defence
  • Firearms Control Act
  • Assault With Intent To Do Grievous Bodily Harm
  • Appeal On Conviction
  • Fitness To Possess Firearm
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Criminal Law [2021] ZAFSHC 57

Mahase and Others v S (A139/2020)

Mahase and Others v S (A139/2020) [2021] ZAFSHC 57 (11 March 2021)

The High Court dismissed a murder appeal, finding the identification evidence reliable and upholding life sentences imposed after a gang-related killing.

  • Identification Evidence
  • Minimum Sentencing
  • Gang Related Offences
  • Appeal On Conviction
  • Appeal On Sentence
  • Criminal-law
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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.