South Africa Case Law

Ntuli v S (128/2023)

Ntuli v S (128/2023) [2025] ZASCA 114 (30 July 2025)

Court

Supreme Court of Appeal

Case number

128/2023

Judges

Matojane, Unterhalter, Koen, Coppin, Dawood

The Supreme Court of Appeal held that the State did not indicate in the charge sheet, nor at any stage of the proceedings, that it intended to rely on the doctrine of common purpose in respect of the attempted murder counts. The evidence presented was contradictory regarding the appellant's direct participation, and the State's case was prosecuted on the basis of individual culpability. The full court erred in confirming the convictions by applying common purpose, as the appellant was not forewarned and could not properly defend himself against that basis for conviction. This amounted to a vi…

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• Common Purpose
• Fair Trial Rights
• Charge Sheet Requirements
• Minimum Sentences Act
• Bill Of Rights Limitation

Mooi and Another v S (A95/2024)

Mooi and Another v S (A95/2024) [2025] ZAGPJHC 720 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A95/2024

Judges

Strydom, R.B. Mkhabela, T.P. Bokako

Appeal in a murder and firearm-possession case partly succeeded: the first appellant’s murder conviction stood, but firearm-possession convictions were set aside; the second appellant’s murder conviction failed.

• Identification Evidence
• Credibility Of Witnesses
• Cautionary Rule
• Common Purpose
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition

Makgisa v S (Appeal) (CA14/2023)

Makgisa v S (Appeal) (CA14/2023) [2025] ZANWHC 135 (30 June 2025)

Court

North West High Court, Mafikeng

Case number

CA 14/2023

Judges

Morris, Laubscher

Criminal appeal against rape conviction and life sentence dismissed. The court found the complainant and witness credible, with medical and DNA evidence corroborating the rape.

• Rape
• Common Purpose
• Minimum Sentencing
• Credibility Of Witnesses
• Appeal Principles
• Consent In Sexual Offences

S v Nkosi and Another (CC33/2024)

S v Nkosi and Another (CC33/2024) [2025] ZAMPMBHC 61 (30 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

CC33/2024

Judge

M Moleleki

High Court criminal judgment on robbery, murder and attempted murder. The court admitted a disputed statement, accepted eyewitness and cell-data evidence, and convicted both accused on the main counts.

• Robbery With Aggravating Circumstances
• Murder
• Attempted Murder
• Identification Parade
• Common Purpose
• Recent Possession

Tshabalala v S (AR13/2024)

Tshabalala v S (AR13/2024) [2025] ZAKZPHC 60 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR13/2024

Judges

P C Bezuidenhout, Sibiya

The High Court dismissed an appeal against convictions and a 10-year sentence for attempted murder arising from a road-rage shooting.

• Common Purpose
• Attempted Murder
• Road Rage
• Minimum Sentencing
• Accomplice Liability
• Common-purpose

Bvuma v S (Appeal) (AA03/2024)

Bvuma v S (Appeal) (AA03/2024) [2025] ZALMPPHC 121 (20 June 2025)

Court

Limpopo High Court, Polokwane

Case number

AA03/2024

Judges

Ngobeni, G. Muller, A. Van Wyk

The High Court dismissed an appeal against convictions for murder, kidnapping, and attempting to defeat justice, upholding common-purpose liability.

• Common Purpose
• Murder
• Kidnapping
• Attempt To Defeat Administration Of Justice
• Minimum Sentencing
• Appeal Principles

Modime v S (Appeal) (AA10/2023)

Modime v S (Appeal) (AA10/2023) [2025] ZALMPPHC 116 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

AA10/2023

Judges

G.C Muller, J. Ngobeni, A van Wyk

The High Court partly upheld Philip Modime’s appeal, setting aside the housebreaking conviction but confirming murder and robbery convictions and concurrent sentencing.

• Accomplice Evidence
• Common Purpose
• Hearsay Admissibility
• Murder
• Robbery With Aggravating Circumstances
• Housebreaking

Masipa v S (Appeal) (A208/2023)

Masipa v S (Appeal) (A208/2023) [2025] ZAGPPHC 602 (4 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A208/2023

Judges

PD Phahlane, SNI Mokose

The High Court upheld the appeal, set aside the murder conviction and sentence, and held that common purpose and dolus eventualis were not proved.

• Common Purpose
• Dolus Eventualis
• Right To Fair Trial
• Burden Of Proof
• Criminal Liability
• Appeal Procedure

Msiza v S (A36/2024)

Msiza v S (A36/2024) [2025] ZAGPPHC 542 (29 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A36/2024

Judges

Retief, Domingo

The appeal court found that the trial court correctly accepted the evidence of the two eyewitnesses, whose testimony was consistent and credible regarding the appellant's participation in the assault that led to the deceased's death. The appellant's version was rejected as improbable and false beyond reasonable doubt, especially in light of his admissions and the corroborated eyewitness accounts. The court held that the inconsistencies raised by the appellant were immaterial to the central facts and did not disturb the finding of guilt. Regarding sentence, the court found no substantial and c…

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• Murder
• Common Purpose
• Minimum Sentencing
• Intent
• Section 51 Criminal Law Amendment Act

Machena v S (A74/2024)

Machena v S (A74/2024) [2025] ZAGPJHC 525 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A74/2024

Judges

C I Moosa, MMP Mdalana-Mayisela

The High Court dismissed Damison Machena’s appeal against murder and robbery convictions, confirming life imprisonment and finding common purpose proved.

• Murder
• Robbery With Aggravating Circumstances
• Common Purpose
• Minimum Sentencing
• Circumstantial Evidence
• Criminal-appeal