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South Africa decisions
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Marais v Heuvel (A37/2020) [2021] ZAGPPHC 721; 2021 (2) SACR 588 (GP) (20 August 2021)
Appeal against a final protection order was upheld after the High Court found the evidence was misread and the incident did not amount to harassment.
Shingange and Another v S (A187/2013) [2016] ZAGPPHC 321 (12 May 2016)
The appeal succeeded because the trial court materially misdirected itself in its assessment of the evidence and failed to properly consider the defence version and the cautionary rules applicable to single witness testimony. The evidence of the complainants was found to be unreliable, contradictory, and inherently improbable, and the medical evidence did not support the State's version of a prolonged and vicious assault by the police. The defence witnesses were found to be credible and their version reasonably possibly true. The trial court ignored material contradictions and failed to weigh…
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Roodman v S (A596/13) [2014] ZAWCHC 211 (23 October 2014)
The court found that the identification of the appellant by the state witnesses was reliable, as both had sufficient opportunity to observe him at close proximity and corroborated their observations with documentary evidence. The appellant's alibi was found to be inconsistent, belated, and unsupported by credible evidence. The appellant conceded he did not possess a valid abalone permit, and there was no evidence that any permit held by others extended to him or covered the activities in question. The magistrate's acceptance of the state witnesses' evidence and rejection of the appellant's ve…
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Mnisi v S (531/2012) [2013] ZASCA 41 (28 March 2013)
The Supreme Court of Appeal dismissed a murder appeal, rejecting the appellant’s self-defence version and upholding a 15-year sentence.
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