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South Africa Case Law

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Criminal Law [2025] ZANWHC 95

Motepe v S (Appeal) (CA25/2021)

Motepe v S (Appeal) (CA25/2021) [2025] ZANWHC 95 (2 June 2025)

The High Court dismissed an appeal against a rape conviction, finding the complainant credible, the appellant’s version improbable, and consent not proved.

  • Rape
  • Absence Of Consent
  • Onus Of Proof
  • Sexual Offences Act
  • Cautionary Rule
  • Assessment Of Evidence
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Civil Procedure [2025] ZAGPJHC 405

Ndumiso v Road Accident Fund (059779/2024)

Ndumiso v Road Accident Fund (059779/2024) [2025] ZAGPJHC 405 (28 March 2025)

The court found that the plaintiff’s version of events was highly improbable when compared to the objective evidence, including the Officer’s Accident Report, photographs of the scene, and hospital records. The physical layout of the road, absence of houses, and the nature of the injury did not support the plaintiff’s account. The plaintiff, being a traffic warden, failed to provide a coherent and credible explanation for the circumstances of the accident. The court was not satisfied that the injury was caused by a motor vehicle accident as alleged, and the probabilities did not favour the pl…

  • Road Accident Claim
  • Burden Of Proof
  • Assessment Of Evidence
  • Improbability Of Version
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Criminal Law [2024] ZAGPPHC 1339

Kistnasamy v S (A61/2023)

Kistnasamy v S (A61/2023) [2024] ZAGPPHC 1339 (9 December 2024)

The appeal court found that the trial court did not misdirect itself in accepting the State's version and rejecting the appellant's version as not reasonably possibly true. The evidence, including CCTV footage and corroborating witness testimony, demonstrated that the appellant was the aggressor, acted with intent, and did not meet the requirements for self-defence. The complainant was unarmed and alone when shot, and the appellant's version was contradicted by objective evidence. The sentence imposed was in line with statutory minimums and not shockingly inappropriate. The trial court proper…

  • Attempted Murder
  • Self Defence
  • Minimum Sentencing
  • Credibility Of Witnesses
  • Assessment Of Evidence
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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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Delict [2024] ZAFSHC 66

Marumo v Member of the Executive Council for Health: Free State Province (24/2015)

Marumo v Member of the Executive Council for Health: Free State Province (24/2015) [2024] ZAFSHC 66 (4 March 2024)

The High Court held the Free State health department liable for negligence after clinic staff failed to assist with an ambulance call during labour, contributing to a stillbirth.

  • Medical Negligence
  • Vicarious Liability
  • Duty Of Care
  • Emergency Medical Services
  • Assessment Of Evidence
  • Medical-negligence
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Delict [2024] ZAECELLC 21

Maliwa v Minister of Justice & Correctional Services Republic of South Africa (154/2022)

Maliwa v Minister of Justice & Correctional Services Republic of South Africa (154/2022) [2024] ZAECELLC 21 (22 February 2024)

The court found that a correctional official assaulted an inmate at West Bank Correctional Centre and held the defendant liable for damages and costs.

  • Unlawful Assault
  • Vicarious Liability
  • Burden Of Proof
  • Assessment Of Evidence
  • Unlawful-assault
  • Vicarious-liability
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Criminal Law [2023] ZAGPJHC 644

Takwanda v S (A142/2022)

Takwanda v S (A142/2022) [2023] ZAGPJHC 644 (5 June 2023)

The High Court dismissed a criminal appeal after finding the appellant was in recent possession of stolen vehicles and gave no satisfactory innocent explanation.

  • Robbery With Aggravating Circumstances
  • Recent Possession Doctrine
  • Assessment Of Evidence
  • Innocent Explanation
  • Criminal Procedure
  • Criminal-law
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Delict [2023] ZAMPMHC 22

Bidvest Protea Coin Security (Pty) Ltd v Mabena (A10/2020)

Bidvest Protea Coin Security (Pty) Ltd v Mabena (A10/2020) [2023] ZAMPMHC 22 (2 June 2023)

The appeal court upheld liability from a shooting during a strike, finding the defence of necessity was not properly pleaded and the trial court’s order stood.

  • Vicarious Liability
  • Pleading Requirements
  • Defence Of Necessity
  • Assessment Of Evidence
  • Defence-of-necessity
  • Pleading-requirements
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Civil Procedure [2023] ZAGPPHC 338

Mashego v Passenger Rail Agency of South Africa

Mashego v Passenger Rail Agency of South Africa [2023] ZAGPPHC 338; 61756/2018 (24 May 2023)

Application for leave to appeal dismissed. The High Court found no reasonable prospects of success and held that the civil standard of proof was not misapplied.

  • Leave To Appeal Threshold
  • Balance Of Probabilities
  • Assessment Of Evidence
  • Costs Order
  • Leave-to-appeal
  • Reasonable-prospects-of-success
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Criminal Law [2022] ZAFSHC 363

Masetla v S (A01/2022)

Masetla v S (A01/2022) [2022] ZAFSHC 363 (27 September 2022)

Criminal appeal against a murder conviction and life sentence dismissed. The High Court upheld the trial court’s credibility findings and confirmed the sentence.

  • Murder
  • Credibility Of Witnesses
  • Appeal On Sentence
  • Onus Of Proof
  • Assessment Of Evidence
  • Criminal-appeal
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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.