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South Africa decisions
Decisions matching the current search
S v Blom (61/2021) [2022] ZAECGHC 9 (18 February 2022)
The High Court convicted the accused of rape, relying on the complainant’s credible identification, medical evidence of recent vaginal injuries, and the rejection of his denial.
I.N.M v S (49/2020) [2021] ZAKZPHC 88 (15 October 2021)
The High Court upheld an appeal against a rape conviction, finding the trial court failed to properly caution itself on a single child witness’s inconsistent evidence.
Makhanye v S (478/19) [2020] ZAKZPHC 62 (23 October 2020)
Appeal against rape conviction upheld after the High Court found material contradictions and insufficient reliable proof beyond reasonable doubt.
Mhlongo v S (362/19) [2020] ZAKZPHC 61 (23 October 2020)
Appeal in a rape conviction case. The High Court held the child complainant’s evidence was insufficiently clear and corroboration was lacking, so the conviction failed.
Mavimbela v S (AR696/17P) [2020] ZAKZPHC 42 (21 August 2020)
The court found that the conviction was based solely on the evidence of the complainant, a single child witness, which contained material discrepancies and unsatisfactory aspects. The trial court failed to approach this evidence with the necessary caution required by law. The medical evidence was neutral and did not corroborate the occurrence of sexual intercourse. The complainant's account was inconsistent regarding the circumstances and timing of the alleged rape, and her failure to report the incidents to various adults and professionals undermined her credibility. The court held that the…
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Kaibe v S (A94/2019) [2019] ZAFSHC 179 (3 October 2019)
The appeal succeeded because the evidence of the complainant, a single child witness, was found to be unreliable and contradictory. The discrepancies between her testimony and that of her grandmother, the unexplained possession of the appellant's house keys, and the delay in reporting the alleged rape undermined her credibility. The medico-legal report and absence of DNA evidence further fortified doubt. The appellant's version was not far-fetched and was reasonably possibly true. The trial court erred in accepting the complainant's version and rejecting the appellant's. In criminal law, wher…
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Ngobeni v S (A65/2015) [2018] ZAGPPHC 766 (12 October 2018)
The High Court dismissed a criminal appeal against conviction for sexual penetration, finding the child complainant and supporting witnesses credible despite minor inconsistencies.
Chauke v S (A149/2014) [2014] ZAGPPHC 786 (11 September 2014)
The High Court upheld an appeal against a rape conviction, finding the complainant’s evidence inconsistent and the appellant’s identification doubtful.
Msimango v S (A910/2013) [2014] ZAGPPHC 503 (15 May 2014)
The appeal succeeded because the evidence presented at trial was unsatisfactory and riddled with contradictions. The complainant's testimony was inconsistent regarding the number of alleged rapes and the date of the incident. The medical evidence indicated ongoing sexual abuse but did not specifically implicate the appellant, and the complainant did not spontaneously report the rape to her closest relative. The trial court failed to properly evaluate the credibility of the complainant, relying instead on probabilities rather than concrete evidence. In these circumstances, the court found that…
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S v Baloleleki (CA6/2012) [2012] ZANWHC 24 (4 June 2012)
A criminal appeal against rape convictions was dismissed. The High Court held that the complainant’s child evidence was credible enough despite inconsistencies.
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