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South Africa decisions
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J.W. v J.D. and Others (039454/2023) [2025] ZAGPJHC 731 (24 July 2025)
The High Court discharged a rule nisi challenging a search warrant for electronic devices seized in a child sexual assault investigation.
J.V NO and Another v Director of Public Prosecutions and Another (26135/2017) [2024] ZAGPPHC 112 (14 February 2024)
The Court found that the arrest and detention of the Plaintiffs were lawful, as the police had reasonable grounds based on statements and reports implicating the Plaintiffs in offences involving child pornography and sexual abuse of minors. The arresting officers acted on credible information and followed proper procedures. The subsequent prosecution was not malicious; the prosecutors had a prima facie case based on the available evidence and acted without improper motive. The Plaintiffs failed to prove any malice, ulterior motive, or interference with witnesses by the Defendants. The acquitt…
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Adam v S (A28/2023) [2023] ZAGPJHC 549 (23 May 2023)
High Court bail appeal dismissed after finding the appellant had not shown that the interests of justice permitted his release.
S v G.K.R.P (Sentence) (CCD39/2019) [2021] ZAKZDHC 11 (26 March 2021)
Sentence judgment imposing life terms and lengthy imprisonment for multiple rape, trafficking, child pornography, grooming, and abuse offences against a minor.
Prinsloo v S (A38/2017) [2018] ZAFSHC 35 (29 March 2018)
Appeal dismissed in a criminal case involving child-sexual-offence convictions and child pornography charges. The court upheld the child witness evidence and forensic laptop analysis.
Essop v S (17/2017) [2017] ZAGPPHC 618; 2018 (1) SACR 99 (GP) (29 September 2017)
The High Court granted bail pending appeal, finding the magistrate misdirected herself on flight risk and prospects of success, and imposed strict bail conditions.
Director of Public Prosecutions, Gauteng v Grobler (6/2017) [2017] ZASCA 82; 2017 (2) SACR 132 (SCA) (2 June 2017)
The SCA held that a child under 12 cannot consent to a sexual act. The High Court erred by treating supposed acquiescence as mitigation and the sentence was set aside.
Du Toit v The Magistrate and Others (733/2015) [2016] ZASCA 15; [2016] 2 All SA 328 (SCA); 2016 (2) SACR 112 (SCA) (11 March 2016)
The Supreme Court of Appeal held that while the accused has a constitutional right to disclosure of the evidence against him, this right is not absolute and must be balanced against the privacy and dignity interests of the children depicted in the images. The prosecution's offer of private viewing at a secure location was sufficient to meet the requirements of a fair trial, given the compelling need to prevent further duplication and distribution of child pornography. The court found that the high court erred in treating the right to disclosure as absolute and failing to consider the counterv…
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M.G v S (A40/2013) [2015] ZAGPPHC 16 (28 January 2015)
The High Court partly upheld the appeal, setting aside rape convictions on two counts and replacing them with lesser sexual offence convictions, with a reduced sentence.
Kleinhans v S (A232/2013) [2014] ZAWCHC 68; 2014 (2) SACR 575 (WCC) (13 May 2014)
High Court reduced a 15-year sentence for child pornography and sexual offences to an effective four years, partly suspended, and set aside a firearm disqualification.
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