South Africa Case Law

Van der Merwe v National Prosecuting Authority and Another (CC56/2020)

Van der Merwe v National Prosecuting Authority and Another (CC56/2020) [2023] ZALMPPHC 34 (14 April 2023)

Court

Limpopo High Court, Polokwane

Case number

CC56/2020

Judge

K.L. Pillay

The court found that the applicant had already received all relevant documents and expert reports required for the preparation of her defence. The additional documents sought, such as bench notes and registers, were not shown to be necessary or relevant to the defence, and the application was based on speculative allegations of possible irregularities without factual support. The right to a fair trial under section 35 of the Constitution does not extend to unlimited access to all documents in the State's possession, especially those not relied upon in prosecution. The applicant failed to esta…

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• Disclosure Of Evidence
• Right To Fair Trial
• Criminal Procedure Act
• Constitutional Rights
• Ballistic Evidence
• Mental Observation Reports

Botha v S (PE277/2015, R332/16)

Botha v S (PE277/2015, R332/16) [2017] ZAECGHC 29 (7 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

PE277/2015, R332/16

Judges

PT Mageza, S M Mbenenge

Appeal against a firearm conviction and sentence failed after the court held the chain of custody was adequately proved by matching seal and serial numbers.

• Chain Of Evidence
• Ballistic Evidence
• Firearms Control Act
• Section 212 Affidavit
• Sentencing Principles
• Chain-of-custody

Ramohapi and Another v S (A115/2015)

Ramohapi and Another v S (A115/2015) [2016] ZAFSHC 62 (31 March 2016)

Court

Free State High Court, Bloemfontein

Case number

A115/2015

Judges

Moloi, Chesiwe

The High Court upheld an appeal against murder convictions, finding the circumstantial and ballistic evidence insufficient to prove common purpose or identify the fatal shooter.

• Murder
• Circumstantial Evidence
• Common Purpose
• Ballistic Evidence
• Circumstantial-evidence
• Common-purpose

Lubisi v The State (230/2015)

Lubisi v The State (230/2015) [2015] ZASCA 179 (27 November 2015)

Court

Supreme Court of Appeal

Case number

230/2015

Judges

Mhlantla, Shongwe, Theron, Dambuza, Mathopo

The Supreme Court of Appeal does not have jurisdiction to hear appeals on the merits directly from the magistrates’ courts. Its jurisdiction, when special leave to appeal is granted after refusal of a petition, is limited to determining whether the High Court erred in refusing leave to appeal. The test is whether there are reasonable prospects of success in the envisaged appeal. In this case, the regional magistrate’s evaluation of the evidence, particularly the ballistic evidence and the credibility of the eye-witnesses, was inadequate. The contradictions and unsatisfactory aspects of the ev…

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• Leave To Appeal
• Jurisdiction Of Supreme Court Of Appeal
• Reasonable Prospects Of Success
• Ballistic Evidence
• Credibility Of Witnesses

Bucibo v S (A334/2010)

Bucibo v S (A334/2010) [2014] ZAGPJHC 367 (5 December 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A334/2010

Judges

C. H. Nicholls, M. L. Mailula, M. P. Tsoka

The High Court dismissed a murder and attempted murder appeal, finding the missing record immaterial and holding that ballistic evidence linked the appellant’s firearm to the shots.

• Murder
• Attempted Murder
• Self Defence
• Ballistic Evidence
• Indirect Intention
• Attempted-murder

Deyi and Another v S (A500/2012)

Deyi and Another v S (A500/2012) [2013] ZAWCHC 202 (27 August 2013)

Court

Western Cape High Court, Cape Town

Case number

A500/2012

Judges

N P Boqwana, A G Binns-Ward

High Court appeal in a robbery-murder case. Conviction of the second appellant was upheld, but the first appellant’s conviction was set aside for lack of proof of common purpose.

• Common Purpose
• Identification Evidence
• Ballistic Evidence
• Minimum Sentencing
• Appeal Procedure
• Common-purpose

Loubser v S (AR 685/10)

Loubser v S (AR 685/10) [2011] ZAKZPHC 37 (30 August 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 685/10

Judges

Kruger, Lopes

A murder and attempted-murder appeal succeeded after the court found material contradictions and inadequate ballistic evidence created reasonable doubt.

• Murder
• Attempted Murder
• Ballistic Evidence
• Benefit Of The Doubt
• Criminal-appeal
• Attempted-murder

Abader v S (A292/2009)

Abader v S (A292/2009) [2010] ZAWCHC 382 (26 April 2010)

Court

Western Cape High Court, Cape Town

Case number

A292/2009

Judges

Davis, Goliath

The court found that the ballistic evidence conclusively linked the murder weapon to the appellant's firearm. Only the appellant and Mr Abrahams had access to the firearm, and there was no evidence that Mr Abrahams left his home on the night of the murder. The appellant's alibi was not corroborated by any witnesses, and those who could have supported it were not called to testify. The possibility that the appellant could have left the function, committed the murder, and returned was confirmed by Inspector Speed's experiment. The court concluded that the only reasonable inference from the evid…

Source excerpt

• Alibi Defence
• Inferential Reasoning
• Onus Of Proof
• Murder
• Ballistic Evidence