South Africa Case Law

S v Robin and Others (CC 15/2022)

S v Robin and Others (CC 15/2022) [2025] ZAGPPHC 211 (27 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC 15/2022

Judge

JJ Mlotshwa

The court found that the chain of custody for the Nokia cell phone and SIM cards was adequately maintained and documented, with no evidence of tampering or interference. The discrepancies in IMEI and ICCID numbers were minor and explained by witness testimony, and did not undermine the authenticity of the exhibits. The absence of the OLX team register and incomplete SAP13 entries did not break the chain of custody, as the evidence was consistently accounted for and handled by designated officers. However, the State failed to prove that the Samsung cell phone presented in court was the same de…

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• Chain Of Custody
• Admissibility Of Evidence
• Cell Phone Evidence
• Sim Card Evidence
• Fair Trial Rights
• Contradictory Evidence

S v Shoba (SS36/2021)

S v Shoba (SS36/2021) [2022] ZAGPJHC 174 (25 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS36/2021

Judge

S D J Wilson

The court found that the State had proved beyond reasonable doubt that Mr. Shoba entered into an agreement with Mr. Malepane to murder Ms. P [....], motivated by the pregnancy and its consequences for his personal life. The evidence of Mr. Malepane, though requiring caution, was corroborated by cell phone records, CCTV footage, and witness testimony. The court rejected Mr. Shoba's explanation for his dealings with Mr. Malepane as false, and found no reasonable account of the facts consistent with innocence. The court concluded that Mr. Shoba knowingly and intentionally delivered Ms. P [....]…

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• Premeditated Murder
• Accomplice Liability
• Corroboration Of Witness
• Obstruction Of Justice
• Cell Phone Evidence
• Reasonable Doubt

Khatide and Others v S (AR349/17)

Khatide and Others v S (AR349/17) [2020] ZAKZPHC 24 (1 July 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 349/17

Judges

Koen, Gorven, Seegobin

The High Court partly upheld a criminal appeal, setting aside convictions for theft of a Mercedes Benz, but confirming robbery and firearm-related convictions.

• Admissibility Of Confessions
• Robbery With Aggravating Circumstances
• Cell Phone Evidence
• Recent Possession
• Unlawful Possession Of Firearms
• Theft

Mabena v S (70/2018P)

Mabena v S (70/2018P) [2020] ZAKZPHC 26 (26 June 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

70/2018P

Judges

Gorven, Chili

Appeal against convictions for robbery, kidnapping and assault dismissed after the court accepted identification and cell phone evidence linking the appellant to the crimes.

• Robbery With Aggravating Circumstances
• Kidnapping
• Assault With Intent To Do Grievous Bodily Harm
• Identification Evidence
• Cell Phone Evidence
• Criminal-appeal

Mthembu v S (SS118/2008)

Mthembu v S (SS118/2008) [2010] ZAWCHC 391 (5 May 2010)

Court

Western Cape High Court, Cape Town

Case number

SS118/2008

Judge

Motala

The court found that the evidence of the accomplice, Vellem, was corroborated by the eyewitnesses, cell phone records, and forensic evidence. The identification of the accused, particularly accused 4, was reliable and supported by prior statements and circumstantial evidence. The accused's explanations and denials were not reasonably or possibly true, given the contradictions, implausible alibis, and the objective cell phone data placing them at the scene. The cumulative effect of the corroborative factors reduced the danger of relying on accomplice evidence. The court held that all four accu…

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• Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearms
• Common Purpose
• Accomplice Evidence
• Cell Phone Evidence