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South Africa Case Law

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Criminal Law [2025] ZAFSHC 173

Dasheka v S (A147/2024)

Dasheka v S (A147/2024) [2025] ZAFSHC 173 (12 June 2025)

Appeal against rape conviction and life sentence for sexual penetration of a four-year-old child dismissed.

  • Rape Of Minor
  • Minimum Sentencing
  • Child Witness Cautionary Rule
  • Substantial And Compelling Circumstances
  • Rape-of-minor
  • Minimum-sentencing
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Criminal Law [2024] ZAGPPHC 1141

Kemp and Another v S (A312/2022)

Kemp and Another v S (A312/2022) [2024] ZAGPPHC 1141 (30 October 2024)

The appeal court found that the trial court correctly assessed the evidence of the complainant, a single child witness, and applied the cautionary rule. The inconsistencies identified in her evidence were minor and related only to peripheral details, not to the commission of the offences. The complainant's account of the events was credible, consistent on material aspects, and supported by her conduct and the surrounding circumstances. The trial court's findings on credibility were not materially misdirected and are presumed correct. The appellants' bare denials were improbable and unsupporte…

  • Rape
  • Sexual Offences And Related Matters Act
  • Minimum Sentences Legislation
  • Single Witness Evidence
  • Child Witness Cautionary Rule
  • Credibility On Appeal
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Criminal Law [2024] ZALMPPHC 4

M.J.M v S (A13/2023)

M.J.M v S (A13/2023) [2024] ZALMPPHC 4 (16 January 2024)

The High Court dismissed a conviction appeal in a rape case involving a child complainant, finding the evidence credible, corroborated, and sufficient.

  • Sexual Offences Act
  • Rape
  • Child Witness Cautionary Rule
  • Burden Of Proof
  • Consent In Sexual Offences
  • Child-witness-caution
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Criminal Law [2011] ZAWCHC 132

Nelson v S (A250/10)

Nelson v S (A250/10) [2011] ZAWCHC 132 (8 February 2011)

The High Court set aside a rape conviction after new evidence of consent, substituted a conviction for consensual sexual penetration with a child, and reduced sentence.

  • Statutory Rape
  • Consensual Sexual Penetration With A Child
  • Sentencing Guidelines
  • Child Witness Cautionary Rule
  • Statutory-rape
  • Child-sexual-offences
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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.