South Africa Case Law

Sibanye Gold Protection Service Ltd v Commissioner for Conciliation Mediation and Arbitration and Others (JR1914/22)

Sibanye Gold Protection Service Ltd v Commissioner for Conciliation Mediation and Arbitration and Others (JR1914/22) [2025] ZALCJHB 9 (14 January 2025)

Court

Labour Court Johannesburg

Case number

JR1914/22

Judge

Nondwangu

The court found that the commissioner committed a reviewable irregularity by failing to provide reasons why dismissal was inappropriate and by interfering with the employer's sanction in circumstances where a fair reason for dismissal existed. The commissioner relabelled the misconduct from gross neglect to ordinary neglect, which was irrelevant to the question of substantive fairness. The evidence established that Mafuna was derelict in his duties as a security supervisor, a position of trust requiring strict adherence to company procedures, especially regarding the chain of evidence. The em…

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• Unfair Dismissal
• Dereliction Of Duty
• Substantive Fairness
• Progressive Discipline
• Chain Of Evidence

Kgatlhane v S (CA10/2024 ; RCA27/2018)

Kgatlhane v S (CA10/2024 ; RCA27/2018) [2024] ZANWHC 215; [2024] 4 All SA 542 (NWM) (23 August 2024)

Court

North West High Court, Mafikeng

Case number

CA 10/2024

Judges

A B Scarrott, M Morgan

The appeal succeeded on five counts because DNA evidence did not properly link the appellant to those offences; count 2 rape conviction and sentence were upheld.

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Appeal Procedure
• Chain Of Evidence
• Identification

Nojiyeza v S (AR185/23)

Nojiyeza v S (AR185/23) [2024] ZAKZPHC 63; 2024 (2) SACR 516 (KZP) (12 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR185/23

Judges

Chithi, Sibisi

The court found that the admissions made by the appellant's legal representative during pre-trial conferences regarding the ballistic report and chain evidence constituted formal admissions under section 220 of the Criminal Procedure Act. These admissions relieved the State of the burden to prove those facts, and the appellant did not challenge or seek to revoke them at any stage. The ballistic report was properly admitted, and the appellant's attorney had a copy, making it unnecessary to read it into the record. The evidence of the police officers was corroborated and clear regarding the rec…

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• Possession Of Prohibited Firearm
• Possession Of Ammunition
• Admission Of Evidence
• Standard Of Proof
• Chain Of Evidence
• Mutually Destructive Versions

Makhubo v S - Appeal (A20/2023)

Makhubo v S - Appeal (A20/2023) [2023] ZAFSHC 387 (2 October 2023)

Court

Free State High Court, Bloemfontein

Case number

A20/2023

Judges

Van Rhyn, Daniso

The High Court dismissed an appeal against robbery and rape convictions and sentences, finding the forensic chain of custody proved and no basis to depart from minimum sentences.

• Chain Of Evidence
• Rape
• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Forensic Evidence
• Appeal Procedure

Moepi v S (A08/2021)

Moepi v S (A08/2021) [2023] ZAMPMHC 23 (23 June 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A08/2021

Judges

MT Mankge, MBG Langa

Appeal dismissed in a murder conviction case where the High Court upheld the confession, chain of evidence, and circumstantial inference of guilt.

• Murder
• Admissibility Of Confession
• Chain Of Evidence
• Self Defense
• Circumstantial Evidence
• Forensic Evidence

Ndaba and Another v Cebekhulu (AR 114/20)

Ndaba and Another v Cebekhulu (AR 114/20) [2023] ZAKZPHC 61 (9 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 114/20

Judges

M Sibisi, Lopes

The High Court dismissed a criminal appeal against convictions and sentences, finding the firearms evidence intact, the identification reliable, and no basis to interfere.

• Chain Of Evidence
• Identification Parade
• Sentencing Discretion
• Substantial And Compelling Circumstances
• Firearms Control Act
• Appeal Interference Principles

Koepe v S (A79/2022)

Koepe v S (A79/2022) [2022] ZAFSHC 260 (17 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A79/2022

Judges

Reinders, Mbhele

Appeal against a conviction for possession of an unlicensed firearm was dismissed. The court held that eyewitness evidence proved possession and that chain-of-evidence objections did not justify interference.

• Possession Of Unlicensed Firearm
• Chain Of Evidence
• Credibility Of Witnesses
• Minimum Sentencing
• Firearms Control Act
• Criminal-law

Msomi v S (AR191/2020)

Msomi v S (AR191/2020) [2022] ZAKZPHC 45 (2 September 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR191/2020

Judges

Khallil, Seegobin

The High Court upheld a rape conviction based on credible identification evidence and DNA, but reduced life imprisonment to 25 years after finding sentencing misdirections.

• Rape Of Minor
• Mandatory Sentencing
• Substantial And Compelling Circumstances
• Dna Evidence
• Chain Of Evidence
• Rape-of-minor

Ramoejane v S (A7/2021)

Ramoejane v S (A7/2021) [2021] ZAFSHC 115 (29 April 2021)

Court

Free State High Court, Bloemfontein

Case number

A7/2021

Judges

Opperman, Daniso

The appeal court found that the trial court correctly evaluated the evidence and was justified in rejecting the appellant's version as improbable and false beyond reasonable doubt. The inconsistencies in the State's evidence were minor and did not undermine the reliability of the testimony. The chain of evidence for the drugs was formally admitted by the defence and supported by a forensic affidavit, making further proof unnecessary. The magistrate's questioning of the appellant was for clarification and did not amount to irregularity or unfairness. The trial court applied the correct approac…

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• Possession Of Drugs
• Chain Of Evidence
• Judicial Discretion
• Fair Trial Rights
• Evaluation Of Evidence

S v Porritt and Another (SS 40/2006)

S v Porritt and Another (SS 40/2006) [2021] ZAGPJHC 382; 2022 (1) SACR 88 (GJ) (26 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

SS 40/2006

Judge

Spilg

High Court ruling admitting Hong Kong documents obtained by letters of request as trade and business records under s 5(2)(b) of the ICCMA.

• Admissibility Of Documentary Evidence
• International Cooperation In Criminal Matters Act
• Hearsay Exception
• Fair Trial Rights
• Chain Of Evidence
• Iccma