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South Africa decisions
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Thabang v S (A64/2022) [2023] ZAGPJHC 424 (2 May 2023)
Appeal against a rape conviction dismissed after the High Court found the complainant credible and the appellant’s version inconsistent.
Ngxangexeni v Road Accident Fund (889/2013) [2023] ZAECMKHC 2 (24 January 2023)
The court found that the plaintiff proved, on a balance of probabilities, that his severe injuries were caused by a motor vehicle collision involving an unknown driver.
Kama v Minister of Police (13384/17) [2023] ZAWCHC 180 (20 January 2023)
The High Court dismissed a delict claim against the Minister of Police after finding the pedestrian-policeman collision was accidental, not assault or negligence.
M J v Road Accident Fund (10580/2015) [2019] ZAGPPHC 601 (6 August 2019)
The High Court dismissed a Road Accident Fund claim after finding two mutually destructive versions of the collision were evenly balanced on the probabilities.
Ngewu v Road Accident Fund (97911/16) [2019] ZAGPPHC 292 (2 July 2019)
The court found that the plaintiff's version was improbable and unreliable. The evidence showed serious inconsistencies regarding the circumstances of the injury, the plaintiff's state of consciousness, and the history given to medical staff. The hospital records contradicted the plaintiff's claim of unconsciousness, and the presence of alcohol in his bloodstream was unexplained. The plaintiff failed to provide a credible account of how, when, or where he sustained his injuries. On a balance of probabilities, the court was not satisfied that the plaintiff was injured in a motor vehicle collis…
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Du Plessis v Road Accident Fund (3645/2016) [2018] ZAECPEHC 48 (21 August 2018)
The High Court granted leave to appeal after finding that another court might reach a different view on the probabilities and negligence evidence in a Road Accident Fund claim.
Buti v S (CA&R 361/2014) [2015] ZAECGHC 77 (13 August 2015)
Appeal against rape and assault convictions succeeded after the High Court found the magistrate misdirected itself on probabilities and corroboration.
Mahala and Another v S (CA&R 296/2011) [2012] ZAECGHC 30 (10 May 2012)
The High Court dismissed an appeal against robbery convictions, holding that unreliable identification evidence was outweighed by strong circumstantial proof.
Kebana v S (161/09) [2009] ZASCA 100; [2010] 1 All SA 310 (SCA) (18 September 2009)
The Supreme Court of Appeal found that the magistrate had correctly rejected the appellant's version of events and had properly assessed the credibility of the complainant and the medical evidence. The criticisms raised by the appellant regarding contradictions and reliability were considered and dismissed as insufficient to raise reasonable doubt. The sentence of ten years' imprisonment was held to be appropriate in light of the aggravating circumstances, including the planned and violent nature of the attack, and the appellant's lack of remorse. The appeal against both conviction and senten…
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Ngubane v Road Accident Fund (1461/2004) [2007] ZAKZHC 41 (13 September 2007)
High Court liability judgment in a pedestrian road accident claim, finding the plaintiff 60% contributorily negligent and the defendant liable for 40% of proven damages.
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