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South Africa decisions
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Moloi v S (CA45/2023) [2024] ZANWHC 242 (18 September 2024)
The High Court dismissed an appeal against conviction for rape, finding the complainant’s evidence credible, sufficiently cautious, and supported by medical evidence.
Minister of Correctional Services v Baloyi and Others (JR46/09) [2011] ZALCJHB 179 (17 March 2011)
The Labour Court granted condonation and review, set aside an arbitration award, and remitted an unfair dismissal dispute for rehearing before a different arbitrator.
Grosch v S (A105/09) [2009] ZAWCHC 93 (12 June 2009)
The court held that the use of an intermediary for the complainant's testimony was constitutionally permissible and did not prejudice the appellant's right to a fair trial. The evidence of the complainant, though she was a single child witness, was found to be credible, consistent, and supported by circumstantial corroboration, including the appellant's own admissions and unexplained conduct. The trial court's factual findings were not shown to be incorrect, and the conviction was upheld. However, the cumulative effect of the sentences imposed was disproportionate given the nature of the offe…
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Barloworld Coachworks Wynberg v Motor Industries Bargaining Council and Others (JR327/07) [2009] ZALC 50 (5 May 2009)
The Labour Court reviewed and set aside an arbitration award after finding the commissioner wrongly applied the cautionary rule to a single witness.
Thiart v S (A514/2007) [2008] ZAWCHC 201 (16 May 2008)
The court found that the appellant provided an acceptable explanation for the late filing of his application for leave to appeal, and that the requirements for condonation were met. On the merits, the court held that the magistrate failed to properly apply the cautionary rule to the evidence of the complainant, a single child witness. The magistrate's reasoning was based on unfounded norms and did not adequately address contradictions and weaknesses in the complainant's evidence. The court concluded that the complainant's evidence was not substantially satisfactory in all material respects an…
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S v Ntuli (22/90) [1991] ZASCA 37; [1991] 2 All SA 219 (A) (27 March 1991)
The court granted condonation for a late criminal appeal after finding reasonable prospects of success, then remitted the matter because it could not hear the appeal directly.
S v Foster en Andere (143/85) [1985] ZASCA 117 (15 November 1985)
Appeal against murder and robbery convictions failed on reasonable doubt grounds. The court set aside the convictions because the State’s main witness was unreliable.
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