South Africa Case Law

Shima and Another v S (A148/2022)

Shima and Another v S (A148/2022) [2025] ZAGPPHC 190 (25 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A148/2022

Judges

Khumalo, Ally

The appeal court found that the trial court had properly applied the cautionary rule to the single evidence of Mkhize, who was able to identify the appellants due to prior acquaintance and observed them in broad daylight near the scene of the crime. The circumstantial evidence, including the sequence of events, the post mortem report, and corroboration by other witnesses, supported the trial court's findings. The appellants' denials and alibi evidence were found to be inconsistent and not reasonably possibly true. The inspection in loco confirmed that Mkhize could have observed the events as…

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• Premeditated Murder
• Single Witness Evidence
• Cautionary Rule
• Identification
• Circumstantial Evidence
• Appeal Standard

Mashego v S (A49/19)

Mashego v S (A49/19) [2024] ZAMPMBHC 37 (3 June 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A49/19

Judges

Roelofse AJ, Phahlamohlaka AJ

The High Court dismissed a criminal appeal against rape conviction and life sentence, finding the child complainant’s evidence reliable and the sentence justified.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Single Witness Evidence
• Child Witness
• Appeal Standard

Goqo v S (AR28/2023)

Goqo v S (AR28/2023) [2024] ZAKZPHC 42 (17 May 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR28/2023

Judges

Balton, Mossop

High Court appeal in a corruption case dismissed the appellant’s challenge to conviction, finding no misdirection in the trial court’s credibility findings.

• Corruption
• Prevention And Combating Of Corrupt Activities Act
• Credibility Of Witnesses
• Appeal Standard
• Bribery
• Criminal-appeal

Banda v S (CA 21/2018)

Banda v S (CA 21/2018) [2023] ZANWHC 237 (21 December 2023)

Court

North West High Court, Mafikeng

Case number

CA 21/2018

Judges

Petersen, Williams

Criminal appeal against a rape conviction dismissed. The High Court held the child complainant’s evidence was satisfactory and was supported by prompt report and medical evidence.

• Rape
• Child Witness Evidence
• Single Witness Caution
• Credibility Assessment
• Medical Evidence
• Appeal Standard

S v Gumede

S v Gumede [2023] ZAGPPHC 260; A200/2021 (18 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A200/2021

Judges

N V Khumalo, Sardiwalla, Holland Muter

Appeal against murder conviction dismissed after the court found the appellant’s shifting explanations and circumstantial evidence proved guilt beyond reasonable doubt.

• Murder
• Circumstantial Evidence
• Onus Of Proof
• Credibility Of Witnesses
• Appeal Standard
• Dolus Eventualis

S v Marule

S v Marule [2023] ZAGPPHC 145; A168/22 (27 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

A168/22

Judges

D.D. Mogotsi, M Munzhelele

The appeal court found that the trial court correctly evaluated the evidence, including the complainant's testimony, corroborative physical injuries, and the discovery of a used condom. The appellant's denial was not reasonably possibly true and was properly rejected. The evidence of the child witness was clear, consistent, and supported by corroboration. Regarding sentence, the court held that the prescribed minimum sentence of life imprisonment was justified given the aggravating circumstances: the complainant's young age, repeated attempts at penetration, and the appellant's position of tr…

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• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Child Witness Evidence
• Appeal Standard
• Substantial And Compelling Reasons

Ndlovu v S (A27 / 2020)

Ndlovu v S (A27 / 2020) [2023] ZAMPMBHC 9 (17 February 2023)

Court

Mbombela High Court, Mpumalanga

Case number

A27 / 2020

Judges

Kgoele, D Greyling – Coetzer

High Court appeal against three rape convictions and life sentence dismissed. The court held that contradictions were immaterial, corroboration was strong, and the absence of J88 forms was not decisive.

• Rape
• Credibility Of Witnesses
• Corroboration
• Sentencing Principles
• Appeal Standard
• Sexual Offences Act

Mathabatha v S (A141/2021)

Mathabatha v S (A141/2021) [2022] ZAGPPHC 418 (13 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A141/2021

Judges

J.S. Nyathi, C.J. van der Westhuizen

The court found that the appellant was present and actively participated in the assault on the deceased. The contradictions regarding the specific instrument used were immaterial, as the evidence consistently established her involvement. The trial court's findings were not vitiated by material misdirection and were supported by the record. Therefore, there was no basis for the appeal court to interfere with the conviction.

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• Murder
• Kidnapping
• Credibility Of Witnesses
• Appeal Standard
• Contradictory Evidence

MJV v S (A23/221)

MJV v S (A23/221) [2021] ZAGPJHC 164 (26 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A23/221

Judges

NGM Mazibuko, B Vally

Appeal against conviction for sexual assault dismissed. The High Court held the complainant’s single-witness evidence was credible and supported by medical findings.

• Sexual Assault
• Single Witness Testimony
• Credibility Assessment
• Appeal Standard
• Burden Of Proof
• Sexual-assault

Chonco v S (A30/2019)

Chonco v S (A30/2019) [2021] ZAGPJHC 65 (9 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A30/2019

Judges

T P Mudau, N P Mngqibisa-Thusi, C Swanepoel

Appeal against conviction dismissed. The High Court held that the state witnesses credibly identified the appellant in daylight and rejected his alibi as improbable.

• Identification Evidence
• Alibi Defence
• Taxi Violence
• Credibility Of Witnesses
• Appeal Standard
• Attempted Murder