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South Africa Case Law

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Criminal Law [2024] ZAGPPHC 576

Mashile v S (A217/2023)

Mashile v S (A217/2023) [2024] ZAGPPHC 576 (26 June 2024)

The High Court dismissed an appeal against a rape conviction, finding the trial court properly assessed the minor complainant’s evidence and supporting corroboration.

  • Rape Of Minor
  • Credibility Of Single Witness
  • Sexual Offences Act
  • Assessment Of Evidence
  • Appeal On Factual Findings
  • Criminal-law
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Criminal Law [2022] ZAFSHC 139

Phenyane v S (A8/2022)

Phenyane v S (A8/2022) [2022] ZAFSHC 139 (31 May 2022)

Appeal against a rape conviction dismissed. The court found the complainant credible, the medical evidence supportive, and the alibi unconvincing.

  • Rape
  • Sexual Offences Amendment Act
  • Credibility Of Single Witness
  • Medical Evidence In Sexual Offences
  • Corroboration
  • Appeal On Factual Findings
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Land And Property [2022] ZAKZDHC 31

Accolla v Narandas (AR115/2021)

Accolla v Narandas (AR115/2021) [2022] ZAKZDHC 31 (8 April 2022)

The High Court upheld an appeal, set aside the earlier order, dissolved the parties’ property partnership, and ordered valuation, transfer, and payment terms.

  • Dissolution Of Partnership
  • Division Of Property
  • Appeal On Factual Findings
  • Market Valuation
  • Transfer Of Immovable Property
  • Appeal-on-factual-findings
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Criminal Law [2021] ZAGPPHC 726

Nkutha v S (A274/2020)

Nkutha v S (A274/2020) [2021] ZAGPPHC 726 (4 November 2021)

The court found no basis to interfere with the magistrate's findings on fact or credibility. The evidence of the State witnesses was corroborated by the post-mortem report and the circumstances of the assault. The appellant's version was found to be improbable and not reasonably possibly true. The magistrate correctly concluded that the appellant had the intention to kill the deceased, as he subjectively foresaw the possibility of death resulting from his actions but continued the assault. There was no misdirection or patent error in the proceedings, and the conviction was justified.

  • Murder
  • Credibility Of Witnesses
  • Appeal On Factual Findings
  • Intention To Kill
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Criminal Law [2021] ZAKZPHC 52

Gambushe v S (AR38/2020)

Gambushe v S (AR38/2020) [2021] ZAKZPHC 52 (23 July 2021)

High Court appeal against a rape conviction succeeded after the court found the complainant’s single-witness evidence was not sufficiently reliable.

  • Rape
  • Single Witness Evidence
  • Onus Of Proof
  • Appeal On Factual Findings
  • Minimum Sentencing
  • Single-witness-evidence
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Criminal Law [2020] ZAGPPHC 646

Nkomo v S (A60/18)

Nkomo v S (A60/18) [2020] ZAGPPHC 646 (23 October 2020)

The appeal court found no reason to upset the factual findings of the trial court regarding the appellant's conviction for robbery with aggravating circumstances. The identification evidence was credible, and the appellant was known to the complainants prior to the incident. Any contradictions in the state witnesses' evidence were immaterial and did not warrant rejection of their testimony. The trial court correctly applied the principles governing interference with factual findings and sentencing discretion. The sentence imposed—15 years' imprisonment with 5 years suspended—was appropriate g…

  • Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Identification Evidence
  • Appeal On Factual Findings
  • Sentencing Discretion
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Criminal Law [2020] ZAGPPHC 580

Mthimunye v S (A248/2018)

Mthimunye v S (A248/2018) [2020] ZAGPPHC 580 (10 September 2020)

The High Court upheld an appeal against conviction for murder and robbery, finding the identification evidence unreliable and the State’s circumstantial case insufficient.

  • Identification Evidence
  • Murder
  • Robbery With Aggravating Circumstances
  • Onus Of Proof
  • Appeal On Factual Findings
  • Identification-evidence
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Criminal Law [2018] ZAFSHC 107

Pholo v S (A207/2016)

Pholo v S (A207/2016) [2018] ZAFSHC 107 (7 June 2018)

The High Court dismissed an appeal against a theft conviction, holding that the circumstantial evidence excluded any reasonable inference other than guilt.

  • Theft
  • Circumstantial Evidence
  • Standard Of Proof
  • Appeal On Factual Findings
  • Circumstantial-evidence
  • Criminal-appeal
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Criminal Law [2018] ZANCHC 58

Mdubane v S (CA & R 97/17)

Mdubane v S (CA & R 97/17) [2018] ZANCHC 58 (18 May 2018)

The High Court upheld an appeal against conviction and sentence for possession of suspected stolen copper cable, finding the appellant’s version reasonably possibly true.

  • Possession Of Suspected Stolen Property
  • Onus Of Proof
  • Appeal On Factual Findings
  • Sentence Appropriateness
  • Criminal-law
  • Possession-of-suspected-stolen-property
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Criminal Law [2018] ZAGPPHC 515

T.K v S (A873/2016)

T.K v S (A873/2016) [2018] ZAGPPHC 515 (17 April 2018)

The High Court upheld a rape appeal, finding the trial court failed to properly apply caution to single-witness evidence and that consent remained reasonably possible.

  • Rape
  • Single Witness Cautionary Rule
  • Consent
  • Credibility Of Witnesses
  • Sexual Orientation
  • Appeal On Factual Findings
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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.