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South Africa decisions
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Nkosi v S (A647/2015) [2016] ZAGPPHC 760 (26 August 2016)
The High Court upheld an appeal against conviction for theft, finding the State had not proved beyond reasonable doubt that R2,000 was handed to the appellant.
Ramokgola v S (A463/2013) [2015] ZAGPPHC 491 (23 June 2015)
The High Court upheld an appeal against a corruption conviction, finding material contradictions in the evidence and missing key witnesses created reasonable doubt.
Khala v S (A652/2014) [2015] ZAGPPHC 383 (11 June 2015)
On appeal, the High Court set aside rape convictions after DNA evidence excluded the appellant, but substituted a conviction for assault with intent to do grievous bodily harm.
Nontyi v S (A424/13) [2015] ZAWCHC 41 (20 April 2015)
The court found that the magistrate failed to apply sufficient caution in assessing the evidence of the child complainant and other State witnesses, whose credibility was compromised by possible hostility and inconsistencies. The J88 medical report did not conclusively establish that the wound could not have been caused by a thrown broken bottle, and the absence of direct medical testimony left reasonable doubt as to the manner in which the injury was inflicted. The court held that the appellant was entitled to the benefit of the doubt and that the conviction was not proved beyond reasonable…
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De Klerk v S (A434/2011) [2015] ZAGPPHC 80 (25 February 2015)
The High Court upheld an appeal against convictions for indecent assault, finding material contradictions in the complainant’s evidence and insufficient proof beyond reasonable doubt.
Mfundisi v S (A634/13) [2014] ZAGPPHC 244 (31 March 2014)
The High Court upheld an appeal against conviction for robbery with aggravating circumstances, finding material contradictions and reasonable doubt in the state case.
Kato v S (A634/13) [2014] ZAGPPHC 200 (31 March 2014)
The court found that the evidence of the state witnesses was riddled with material contradictions, particularly regarding where the cell phone was found and the failure to call key witnesses. The appellant's version was not shown to be false beyond reasonable doubt, and the court a quo erred by drawing a negative inference from the appellant's silence and by not considering the totality of the evidence. The contradictions and deficiencies in the state's case created a reasonable possibility that the appellant's version might be true. Accordingly, the conviction could not stand.
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Verster v S (CA&R 168/11) [2011] ZAECGHC 81 (15 December 2011)
The High Court upheld an appeal against conviction for assault with intent to cause grievous bodily harm, finding the evidence too uncertain to support guilt.
Loubser v S (AR 685/10) [2011] ZAKZPHC 37 (30 August 2011)
A murder and attempted-murder appeal succeeded after the court found material contradictions and inadequate ballistic evidence created reasonable doubt.
Nondala v S (A694/2010) [2011] ZAWCHC 347 (29 April 2011)
The High Court set aside a robbery conviction and sentence after finding the complainant’s identification evidence too vague and unreliable to prove guilt beyond reasonable doubt.
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