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South Africa Case Law

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Criminal Law [2025] ZAWCHC 10

Malizana and Others v S (A151/2023)

Malizana and Others v S (A151/2023) [2025] ZAWCHC 10 (21 January 2025)

Court
Western Cape High Court, Cape Town
Case number
A151/2023
Judges
C.N. Nziweni, M.I. Samela

The appeal was dismissed because the trial court's findings were justified on the record. The evidence, including the manner in which the deceased's hands were tied, the improbability of suicide, and the injuries sustained, supported a finding of homicide rather than suicide. The contradictions in the brothers' testimony were peripheral and did not undermine their credibility. The expert evidence presented by the defence was speculative and not based on sufficient scientific methodology, whereas the State's expert attended the scene and provided credible findings. The trial court correctly re…

Source excerpt

  • Murder
  • Kidnapping
  • Assault With Intent To Do Grievous Bodily Harm
  • Common Purpose
  • Admissibility Of Uncross Examined Evidence
  • Citizens Arrest
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Criminal Law [2023] ZALMPPHC 64

Motimele and Others v S (AA02/2022)

Motimele and Others v S (AA02/2022) [2023] ZALMPPHC 64 (4 August 2023)

Court
Limpopo High Court, Polokwane
Case number
AA02/2022
Judges
M S Monene, M V Semenya, G Muller

The court found that the appellants intentionally deprived the victims of their liberty by tying them up and transporting them against their will, which constituted kidnapping. Their conduct was not a lawful citizen's arrest, as they failed to call the police or take the victims to a police station, instead delivering them to a mob. The appellants created a dangerous situation and did nothing to prevent the assault or seek help, thereby failing to dissociate themselves from the mob's actions. The doctrine of common purpose was properly applied, as the appellants' actions facilitated the commi…

Source excerpt

  • Common Purpose
  • Kidnapping
  • Murder
  • Attempted Murder
  • Citizens Arrest
  • Dissociation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.