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South Africa decisions
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Tebe v The State (A163/2024) [2025] ZAFSHC 221 (21 July 2025)
Appeal against rape conviction and life sentence for raping a 14-year-old child dismissed; condonation for the late appeal was granted.
Mabuza v S (A30/2024) [2025] ZAMPMBHC 57 (18 June 2025)
High Court appeal dismissed; life sentence for rape of a six-year-old child stood, with condonation granted for the late appeal.
Western Reefs Primary School v Erasmus Jooste Inc (CIV APP FB 19/2023) [2025] ZANWHC 39 (21 February 2025)
The court found that Erasmus Jooste Inc, as a firm of attorneys, failed to provide a reasonable and sufficient explanation for the delay in prosecuting the appeal. The misunderstanding regarding the need for a transcript was not justifiable for a professional litigant. The delay was substantial, and the explanation was weak, especially given the value of the claim and the expectation of diligence from attorneys. The documents required by the discovery order were not produced, and the claim was properly struck out. The interests of justice and the need for finality in litigation outweighed any…
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GP Smith Letting CC v Jacobs and Van Aswegen Property Developers CC and Another (71943/2016) [2025] ZAGPPHC 161 (10 February 2025)
The High Court refused condonation for a late appeal, finding the delay inadequately explained and the appeal to lack prospects of success.
Appel and Others v Democratic Alliance and Another (19623/2024) [2025] ZAWCHC 26 (4 February 2025)
The High Court dismissed an urgent application by councillors to intervene and seek leave to appeal, finding the delay self-created and the appeal request out of time.
Elrico Koen t/a Elrico Motors v Wuister (16750/2024) [2024] ZAWCHC 373 (18 November 2024)
The High Court dismissed an application to reinstate a lapsed appeal, finding the delay unexplained, the record poorly prepared, and no prospects of success.
Lebra Development (Pty) Ltd and Others v Bester and Others (A154/2022) [2024] ZAGPPHC 1087 (21 October 2024)
The High Court refused to reinstate a lapsed appeal, finding the delay explanation unreasonable, the Directive argument unsustainable, and no prospect of success.
Thulo v S (CA57/2023) [2024] ZANWHC 231 (11 September 2024)
The magistrate, having presided over the bail application and learned of the appellant's previous convictions, failed to recuse himself from the subsequent trial, resulting in a reasonable perception of bias. This irregularity was compounded by the magistrate's failure to provide reasons for the conviction and to allow the appellant an opportunity to present evidence after the section 174 application. These procedural defects violated the appellant's right to a fair trial. The delay in filing the appeal was due to difficulties in obtaining the transcribed record, which were not attributable t…
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Maseko v Ricci (A039604/2023) [2024] ZAGPJHC 151 (19 February 2024)
The High Court struck an appeal from the roll after finding it had lapsed for failure to prosecute timeously, and ordered attorney-and-client costs.
Director of Public Prosecutions Northern Cape v Tosa and Another (Appeal on Sentence) (CA& R 67/2022) [2023] ZANCHC 95; 2024 (1) SACR 217 (NCK) (8 December 2023)
The court found that the Regional Magistrate had overemphasised the respondent's personal circumstances and failed to properly balance them against the seriousness of the offence and the interests of society. The sentence of a fine of R10,000 or two years' imprisonment, with a wholly suspended three-year term, was disproportionately lenient given the gravity of the corruption committed by a public officer. The court held that direct imprisonment should be the norm for such offences and that the monetary aspect of the punishment should be increased to reflect the seriousness of the crime. The…
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