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South Africa decisions
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S.B v S (A174/2015) [2023] ZAGPJHC 1316 (13 November 2023)
High Court appeal in a rape conviction was upheld because the complainant’s evidence was not clear and satisfactory and the state failed to prove the case beyond doubt.
Barker v S (A35/2022) [2023] ZAMPMBHC 55; 2024 (1) SACR 666 (MM) (25 October 2023)
The High Court upheld Wayne Barker’s appeal after finding the State failed to prove proper service of a protection order beyond reasonable doubt.
Mboniswa v S (A117/2019) [2023] ZAGPJHC 542 (22 May 2023)
The High Court upheld a criminal appeal, finding that credibility problems in the complainants' evidence left reasonable doubt and set aside the rape convictions and sentence.
Pepenene v S (A55/2016) [2022] ZAFSHC 227 (21 February 2022)
The appeal succeeded because the trial court misdirected itself in its assessment of the evidence, particularly regarding material contradictions between police witnesses about the discovery of key exhibits. The incomplete record further undermined the reliability of the conviction. The trial court failed to properly scrutinize the evidence of the police officers and gave undue weight to circumstantial evidence without resolving critical discrepancies. The benefit of the doubt should have been afforded to the appellant due to investigative irregularities and the lack of conclusive proof beyon…
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S v Motong (CC61/2020) [2021] ZALMPPHC 70 (11 October 2021)
The court found that the State's case was based solely on circumstantial evidence and that the post-mortem report, while indicating death by blunt force trauma and neck congestion, did not conclusively establish that the accused caused the injuries. The forensic expert conceded that other inferences, such as accidental falls or medical conditions, could explain the death. The evidence of key State witnesses corroborated the accused's version, and the failure to call crucial witnesses further weakened the State's case. Considering the evidence in its totality, the court held that more than one…
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Mbatha v S (AR339/15) [2016] ZAKZPHC 118 (19 August 2016)
The High Court upheld an appeal against murder conviction, finding accomplice evidence unreliable, lacking corroboration, and the appellant’s explanation reasonably possibly true.
Vilakazi and Another v S (CAF6/2015) [2015] ZANWHC 52 (13 August 2015)
The High Court set aside murder, robbery and firearm convictions after finding the identification evidence unreliable and the dock identification weak.
Tsotetsi v S (A 193/2014) [2015] ZAGPPHC 966 (7 August 2015)
The High Court upheld an appeal against a rape conviction, finding the complainant’s identification evidence unreliable and holding that reasonable doubt remained.
Stone v S (A628/2014) [2015] ZAGPPHC 943 (29 July 2015)
The appeal succeeded because the State failed to prove beyond reasonable doubt that the appellant intended to damage the complainant’s car window.
Khala v S (A652/2014) [2015] ZAGPPHC 718 (11 June 2015)
On appeal, the High Court set aside rape convictions after finding DNA evidence raised reasonable doubt, and substituted a conviction for assault with intent to do grievous bodily harm.
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