South Africa Case Law

Hlako and Others v S (Appeal) (AA02/2024)

Hlako and Others v S (Appeal) (AA02/2024) [2025] ZALMPPHC 88 (30 April 2025)

Court

Limpopo High Court, Polokwane

Case number

AA02/2024

Judges

Diamond, Naude-Odendaal, Pillay

The appeal court found that the trial court correctly convicted the appellants based on the direct, primary evidence provided by Gabriel and Matome, whose statements and testimonies were corroborated in all material respects. The alleged contradictions and inconsistencies raised by the appellants were either immaterial or attributable to the passage of time and did not undermine the central narrative of the prosecution's case. The court held that the defence failed to present any credible exculpatory evidence and that the trial court properly applied the principles governing the assessment of…

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• Murder
• Kidnapping
• Defeating The Ends Of Justice
• Assessment Of Witness Credibility
• Contradictory Evidence
• Section 204 Witnesses

Standard Bank of South Africa Limited v Sibanda (38883/2011)

Standard Bank of South Africa Limited v Sibanda (38883/2011) [2019] ZAGPJHC 481; 2021 (5) SA 276 (GJ) (28 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

38883/2011

Judge

P.A. Meyer

The court held that the defendant, Mr Sibanda, is liable to Standard Bank for the debit balance resulting from drawing against uncleared effects of a cheque deposit that was subsequently dishonoured. The privilege to draw against uncleared effects does not shift the risk of non-payment to the bank; the customer remains liable. The evidence did not establish any misrepresentation by the bank official that would disentitle the bank from debiting the account. The defence of reckless credit was not properly pleaded or substantiated, and the transaction did not amount to a reckless credit agreemen…

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• Uncleared Effects
• Reckless Credit
• National Credit Act
• Misrepresentation
• Assessment Of Witness Credibility

Ntsele v Road Accident Fund (2015/9589)

Ntsele v Road Accident Fund (2015/9589) [2017] ZAGPJHC 49 (1 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/9589

Judge

P Hundermark

High Court delict claim against the Road Accident Fund decided on liability only, with the plaintiff succeeding on a balance of probabilities.

• Road Accident Fund Liability
• Mutually Destructive Versions
• Onus Of Proof
• Assessment Of Witness Credibility
• Road-accident-fund
• Delict

Manong v S (CA&R29/2016)

Manong v S (CA&R29/2016) [2016] ZANCHC 58 (25 November 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R29/2016

Judges

Williams, Erasmus

The High Court set aside convictions on three counts after finding the complainant’s version on November 2009 events was not reasonably possibly true.

• Rape
• Sexual Offences Act
• Assessment Of Witness Credibility
• Appeal On Factual Findings
• Consent In Sexual Offences
• Criminal-law

Ninaber v S; In re: Ninaber v Claasen N.O and Another (A409/13; A185/14, 9834/14)

Ninaber v S; In re: Ninaber v Claasen N.O and Another (A409/13; A185/14, 9834/14) [2015] ZAWCHC 180 (1 December 2015)

Court

Western Cape High Court, Cape Town

Case number

A409/13; A185/14, 9834/14

Judges

Le Grange, Binns-Ward

The High Court dismissed a review and appeal in a culpable homicide matter, finding no proven magistrate misconduct and no basis to disturb conviction or sentence.

• Culpable Homicide
• Review Of Magistrates Decision
• Admissibility Of Expert Evidence
• Assessment Of Witness Credibility
• Sentencing Principles
• Culpable-homicide

S v Skosana

S v Skosana [2010] ZAECPEHC 62 (25 October 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CA & R 261/2009

Judges

Chetty, Dambuza

The High Court upheld a robbery conviction, finding the complainants’ identification of the appellant reliable despite minor clothing discrepancies and questionable police conduct.

• Identification Evidence
• Robbery With Aggravating Circumstances
• Assessment Of Witness Credibility
• Identification-evidence
• Robbery-with-aggravating-circumstances
• Witness-credibility

S v Morgan (271/2008)

S v Morgan (271/2008) [2008] ZASCA 147; [2009] 2 All SA 158 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

271/2008

Judges

Mthiyane, Heher, Ponnan

The Supreme Court of Appeal found that, despite contradictions and the potential for gang rivalry to influence testimony, the evidence of the three state witnesses was corroborated on crucial aspects and placed the appellant at the scene of the shooting. Kiranie, who was not a gang member, provided independent confirmation. The alleged conspiracy to falsely implicate the appellant was unsupported by evidence and contradicted by the sequence of witness statements. The appellant's alibi was undermined by the credible identification by witnesses who knew him well. The court held that the case ag…

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• Murder
• Attempted Murder
• Alibi Defence
• Assessment Of Witness Credibility
• Gang Related Offences

S v Maleke (430/2003)

S v Maleke (430/2003) [2004] ZAFSHC 35 (13 May 2004)

Court

Free State High Court, Bloemfontein

Case number

430/2003

Judges

S. Ebrahim, M.H. Rampai

The High Court confirmed a murder conviction based on a single witness’s evidence, but reduced the sentence from 15 to 12 years after finding mitigating factors.

• Murder
• Dolus Eventualis
• Minimum Sentencing
• Right To Silence
• Assessment Of Witness Credibility
• Criminal-law

S v Mhlongo (277/87)

S v Mhlongo (277/87) [1991] ZASCA 73 (30 May 1991)

Court

Supreme Court of Appeal

Case number

277/87

Judges

E.M. Grosskopf, Eksteen, Goldstone

The court upheld an appeal against a murder conviction, finding the trial judge failed to properly assess the accused’s alibi and the evidence as a whole.

• Alibi Defence
• Burden Of Proof
• Assessment Of Witness Credibility
• Murder
• Procedural Irregularity
• Alibi-defence

S v Mole (390/1989)

S v Mole (390/1989) [1990] ZASCA 26 (26 March 1990)

Court

Supreme Court of Appeal

Case number

390/1989

Judges

Van Heerden, Nestadt, Friedman

The court found that the appellant's conviction was justified based on the cumulative weight of the evidence. Ngonyama's testimony regarding the confessions was credible and corroborated by other witnesses and the appellant's own statement. The court held that the inadmissibility of Walthew's hearsay evidence did not materially affect the outcome, as the remaining admissible evidence was sufficient to implicate the appellant. The appellant's own lies and conduct provided strong inferences of guilt, and the criticisms of the State witnesses' evidence were found to be unsubstantial. The caution…

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• Murder
• Admissibility Of Evidence
• Confession
• Corroboration
• Hearsay
• Assessment Of Witness Credibility