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South Africa decisions
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Mooi and Another v S (A95/2024) [2025] ZAGPJHC 720 (21 July 2025)
Appeal in a murder and firearm-possession case partly succeeded: the first appellant’s murder conviction stood, but firearm-possession convictions were set aside; the second appellant’s murder conviction failed.
Tumelo Donald Maketekete and Others v The State (A84/2023) [2025] ZAFSHC 198 (25 June 2025)
Appeal against conviction and sentence dismissed after the court upheld police identification evidence arising from public unrest and confirmed 18 months' correctional supervision.
Khonjwayo v S (AR213/2023) [2025] ZAKZPHC 58 (13 June 2025)
Appeal dismissed against convictions for three rapes of a 12-year-old and a life sentence. The High Court upheld the complainant's evidence and the minimum sentence.
Japhtha v S (1016/2023) [2025] ZASCA 80 (5 June 2025)
The Supreme Court of Appeal set aside a rape conviction after finding material misdirections in assessing a single witness’s unreliable and intoxicated evidence.
Motepe v S (Appeal) (CA25/2021) [2025] ZANWHC 95 (2 June 2025)
The High Court dismissed an appeal against a rape conviction, finding the complainant credible, the appellant’s version improbable, and consent not proved.
J.S v S (Appeal) (CA&R23/2025) [2025] ZAECMKHC 48; 2025 (2) SACR 204 (ECMk) (29 May 2025)
The High Court upheld an appeal in a rape case, finding the child complainant’s evidence inadmissible because she was not properly sworn or admonished.
Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025)
The SCA upheld a rape conviction based on a single child witness, but reduced the sentence because the minimum-sentence warning was not properly shown on record.
Kgwete v S (A116/2014) [2025] ZAGPPHC 338 (28 March 2025)
Appeal dismissed in a rape-of-a-minor case. The High Court upheld the complainant’s identification evidence and confirmed life imprisonment under the minimum sentence regime.
Nqana v S (A90/2024) [2025] ZAFSHC 85 (28 February 2025)
The High Court upheld an appeal against a rape conviction and life sentence, finding the trial court failed to apply caution to a single child witness with possible intellectual disability.
Shima and Another v S (A148/2022) [2025] ZAGPPHC 190 (25 February 2025)
The appeal court found that the trial court had properly applied the cautionary rule to the single evidence of Mkhize, who was able to identify the appellants due to prior acquaintance and observed them in broad daylight near the scene of the crime. The circumstantial evidence, including the sequence of events, the post mortem report, and corroboration by other witnesses, supported the trial court's findings. The appellants' denials and alibi evidence were found to be inconsistent and not reasonably possibly true. The inspection in loco confirmed that Mkhize could have observed the events as…
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