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

Dipheko v Ditse and Another (CA&R50/2021)

Dipheko v Ditse and Another (CA&R50/2021) [2024] ZANCHC 49 (24 May 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R50/2021

Judges

Lever, Tyuthuza

The court found that the applicant's right to a fair trial was not violated. The chain of custody for the DNA evidence was properly established through the testimony of multiple witnesses, and the defence did not request a trial within a trial to challenge admissibility. The State discharged its onus to prove the integrity of the evidence, and the proceedings were conducted in accordance with justice. No gross irregularity occurred, and the grounds for review under section 22 of the Superior Courts Act were not met. The application for review was dismissed, the conviction confirmed, and the m…

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• Chain Of Custody
• Admissibility Of Evidence
• Fair Trial Rights
• Review Of Magistrates Court
• Dna Evidence

Mgaga v Britz N.O. and Another (19935/2022)

Mgaga v Britz N.O. and Another (19935/2022) [2024] ZAGPJHC 480 (20 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

19935/2022

Judges

Noko, Bokako

The High Court found that the magistrate was not biased and did not commit a reviewable irregularity. The applicant was afforded opportunities to present his case, including launching an application to re-open the case and challenging the ruling to submit a buccal sample. The evidence presented by the applicant did not satisfy the requirements for re-opening the case, as no new material evidence was provided. The court held that the absence of chain of custody for the previous buccal samples justified the order for a new sample, and the applicant's constitutional rights were not unreasonably…

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• Review Of Magistrates Court Decisions
• Chain Of Custody
• Forensic Dna Evidence
• Reopening Of Case
• Judicial Bias
• Constitutional Rights Limitation

Tshuma v S (A24/2023)

Tshuma v S (A24/2023) [2023] ZAGPJHC 1282 (9 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A24/2023

Judges

Britz, Dosio

The High Court upheld an appeal against robbery and firearm convictions, finding the identification evidence unreliable and the physical evidence insufficient.

• Identification Evidence
• Doctrine Of Recent Possession
• Onus Of Proof
• Chain Of Custody
• Appeal Principles
• Identification-evidence

S v Ngwenya

S v Ngwenya [2023] ZAGPPHC 205; A25/2022 (17 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

A25/2022

Judges

Swanepoel, Hassim

The appeal against conviction for firearm and ammunition possession succeeded. The court found credibility and chain-of-custody defects, and set aside conviction and sentence.

• Firearms Control Act
• Chain Of Custody
• Standard Of Proof
• Inspection In Loco
• Criminal-law
• Firearms-control-act

Ndabeni v S (A230/2022)

Ndabeni v S (A230/2022) [2023] ZAWCHC 33 (21 February 2023)

Court

Western Cape High Court, Cape Town

Case number

A230/2022

Judges

Wille, Nyati

The High Court dismissed an appeal against convictions for illegal firearm and ammunition possession, finding the evidence and chain of custody adequately proved.

• Illegal Possession Of Firearms
• Illegal Possession Of Ammunition
• Chain Of Custody
• Single Witness Evidence
• Criminal-law
• Firearms-possession

Simelani v S (A44/2021)

Simelani v S (A44/2021) [2022] ZAMPMHC 25 (25 November 2022)

Court

Middelburg High Court, Mpumalanga

Case number

A44/2021

Judges

M T Mankge, Mtimunye

The appeal court found that the trial court correctly convicted the appellant of rape, as the chain of custody for the DNA evidence was adequately established through sealed reference numbers and corroborated testimony. The defence's objections regarding the SAP 13 number and the 16-day period were found to be insubstantial, as the evidence showed the kit remained sealed and untampered. The credibility of the complainant, a single witness and child, was properly assessed with caution and corroboration. However, the conviction for sexual assault was set aside because the evidence did not suppo…

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• Rape
• Sexual Assault
• Chain Of Custody
• Minimum Sentence
• Credibility Of Single Witness

Mohono v S (A120/2019)

Mohono v S (A120/2019) [2022] ZAFSHC 257 (20 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A120/2019

Judges

Mthimunye, Loubser

The court found that the complainant's evidence, although that of a single witness, was credible and corroborated by Kapoko and other state witnesses. The identification of the appellant was sufficiently established through witness testimony and the recovery of the police tracksuit. The DNA evidence, despite minor administrative errors regarding dates, was properly handled and corroborated the complainant's account. Minor contradictions between witnesses were immaterial when weighed against the totality of the evidence. The trial court's credibility findings were upheld, and the appellant's c…

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• Rape
• Single Witness Evidence
• Identity Dispute
• Chain Of Custody
• Dna Evidence
• Credibility Assessment

S v Kekana and Others (SS65/2021)

S v Kekana and Others (SS65/2021) [2022] ZAGPJHC 1065 (7 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS65/2021

Judge

Malangeni

The High Court admitted CCTV/video footage in a criminal trial within a trial, finding the State proved originality and no tampering through witness evidence.

• Admissibility Of Real Evidence
• Video Evidence
• Chain Of Custody
• Originality And Authenticity
• Trial Within Trial
• Video-evidence

Hall v S (A173/21)

Hall v S (A173/21) [2021] ZAWCHC 231 (12 November 2021)

Court

Western Cape High Court, Cape Town

Case number

A173/21

Judges

Goliath, Montzinger

The appeal court found that the evidence of Officer Botla regarding the time of blood draw was uncontested and supported by his pocketbook and affidavit, establishing that the blood was drawn within the statutory two-hour period. The inference that Dr Naidoo was a registered medical practitioner was justified by objective facts and not challenged by the appellant. The chain of custody was proven, as the seals were intact and no evidence of tampering was presented. The presumption under section 65(4) of the National Road Traffic Act applied, as there was no evidence of contamination. The secti…

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• Driving Under Influence
• Chain Of Custody
• Blood Alcohol Analysis
• Presumption Of Cleanliness
• Calibration Of Instruments