South Africa Case Law

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A55/2023

Judges

Van Leeve, Ndita

The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…

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• Rape Of Minors
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment
• Delay In Reporting
• Pre-sentence Detention

Khonjwayo v S (AR213/2023)

Khonjwayo v S (AR213/2023) [2025] ZAKZPHC 58 (13 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR213/2023

Judges

Marion, Radebe

Appeal dismissed against convictions for three rapes of a 12-year-old and a life sentence. The High Court upheld the complainant's evidence and the minimum sentence.

• Rape Of A Minor
• Minimum Sentencing
• Child Witness Evidence
• Cautionary Rule
• Appeal On Sentence
• Credibility Assessment

J.S v S (Appeal) (CA&R23/2025)

J.S v S (Appeal) (CA&R23/2025) [2025] ZAECMKHC 48; 2025 (2) SACR 204 (ECMk) (29 May 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 23/2025

Judges

V P Noncembu, N Molony

The High Court upheld an appeal in a rape case, finding the child complainant’s evidence inadmissible because she was not properly sworn or admonished.

• Child Witness Evidence
• Admissibility Of Unsworn Testimony
• Rape
• Competency Of Witness
• Cautionary Rule
• Fair Trial Rights

K.S v S (Appeal) (CA60/2018)

K.S v S (Appeal) (CA60/2018) [2025] ZANWHC 89 (27 May 2025)

Court

North West High Court, Mafikeng

Case number

CA60/2018

Judges

Hendricks, Masike

The High Court dismissed an appeal against a rape conviction and life sentence, granting condonation for late filing and finding no prejudice from the charge sheet wording.

• Rape Of Minor
• Minimum Sentences
• Fair Trial Rights
• Child Witness Evidence
• Sentencing Discretion
• Rape-of-minor

S v M.S (CC07/2025)

S v M.S (CC07/2025) [2025] ZAECMKHC 32 (27 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CC07/2025

Judge

Cengani-Mbakaza

The High Court convicted the accused of raping an 11-year-old child after finding her evidence credible, supported by medical findings, and sufficient despite delayed reporting.

• Sexual Offences
• Child Witness Evidence
• Rape
• Burden Of Proof
• Credibility Assessment
• Child-witness-evidence

Ntshala v S (A195/2022)

Ntshala v S (A195/2022) [2024] ZAGPPHC 1187; - (15 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A195/2022

Judges

Strijdom, Neukircher, Engelbrecht

Appeal against rape conviction dismissed, but life imprisonment was set aside for lack of notice of the minimum sentence and reduced to 20 years.

• Rape Of A Minor
• Minimum Sentencing
• Fair Trial Rights
• Child Witness Evidence
• Rape-of-a-minor
• Minimum-sentencing

M.K and Another v S (A312/2022)

M.K and Another v S (A312/2022) [2024] ZAGPPHC 1143 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A312/2022

Judges

Tshombe, MJ Mosopa

The High Court dismissed a criminal appeal against conviction for rape and sexual offences, upholding a trial court’s credibility findings on a child complainant’s evidence.

• Rape
• Sexual Offences And Related Matters Act
• Minimum Sentences Legislation
• Child Witness Evidence
• Credibility Assessment
• First Report Evidence

W.A.P v S (A3502/2023)

W.A.P v S (A3502/2023) [2024] ZAGPPHC 1053 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A3502/2023

Judges

Millar, Suder

The court found that the complainant's evidence was credible, reliable, and corroborated by her mother and medical testimony. The trial court correctly applied the cautionary rules and assessed the evidence in accordance with statutory and case law. The appellant's version was found to be improbable and not reasonably possibly true. The absence of physical injuries was explained by medical evidence and did not constitute a substantial and compelling circumstance. The trial was conducted properly, and the appellant had ample opportunity to challenge the evidence. The prescribed minimum sentenc…

Source excerpt

• Rape
• Minimum Sentences
• Child Witness Evidence
• Credibility Assessment
• Appeal Procedure
• Bail Revocation

Mgwali v S (A97/2024)

Mgwali v S (A97/2024) [2024] ZAWCHC 335 (16 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A97/2024

Judges

Mangcu-Lockwood, Kantor

The court found that the complainant's evidence was credible, consistent, and corroborated by her brother and circumstantial evidence. The appellant's defence of consensual sex was undermined by contradictions and lack of credibility, particularly regarding the complainant's state of sobriety and the sequence of events. The medical evidence confirmed recent penetration but did not exclude consensual sex; however, the totality of evidence supported the absence of consent. The court held that the Magistrate correctly applied the minimum sentencing regime under section 51(2)(b) of the Criminal L…

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• Rape
• Minimum Sentences Act
• Child Witness Evidence
• Consent
• Sentencing Jurisdiction

Mahlangu v S (A136/2024)

Mahlangu v S (A136/2024) [2024] ZAGPPHC 1029 (14 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A136/2024

Judges

Potterill, Mosopa

The High Court dismissed Simon Mahlangu’s appeal against convictions for two counts of rape of a child and assault with intent to do grievous bodily harm, and upheld life sentences.

• Rape Of Minor
• Sexual Offences Act
• Minimum Sentencing
• Child Witness Evidence
• Assault With Intent To Do Grievous Bodily Harm
• Child-sexual-offences