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South Africa Case Law

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Criminal Law [2018] ZAFSHC 140

Mokgothu and Another v The State (A20/2018)

Mokgothu and Another v The State (A20/2018) [2018] ZAFSHC 140 (27 September 2018)

Court
Free State High Court, Bloemfontein
Case number
A20/2018
Judges
Daffue, Rampai, Reinders

The court found that the evidence against both appellants was overwhelming and corroborated by multiple sources, including the testimony of accomplices, cellular data analysis, and payments made to the assassin. The trial court correctly applied the cautionary rules to the evidence of single and accomplice witnesses, and the contradictions in the accomplice evidence were not material enough to undermine its reliability. The failure to call certain witnesses did not prejudice the appellants, as the defence was free to call them but chose not to. The court rejected the argument that the appella…

Source excerpt

  • Murder
  • Accomplice Liability
  • Cautionary Rule
  • Cellular Evidence
  • Conspiracy To Commit Murder
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Criminal Law [2011] ZAFSHC 14

Mhlongo and Others v S (A335/2010)

Mhlongo and Others v S (A335/2010) [2011] ZAFSHC 14 (27 January 2011)

Court
Free State High Court, Bloemfontein
Case number
A335/2010
Judges
Rampai, Ebrahim

The court held that none of the appellants discharged the onus of proving exceptional circumstances justifying release on bail. The evidence against them, including cellular records, satellite tracking, witness statements, and the suspicious circumstances of the third appellant's vehicle, established a strong prima facie case. The appellants' affidavits lacked substantive rebuttal of the prosecution's evidence and failed to address critical facts, such as their whereabouts and communications at the time of the offences. The court found no material misdirection by the court a quo and concluded…

Source excerpt

  • Bail Application
  • Exceptional Circumstances
  • Onus Of Proof
  • Interests Of Justice
  • Cellular Evidence
  • Robbery With Aggravating Circumstances
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.