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South Africa decisions
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Mnisi and Others v S (A082/2022) [2024] ZAGPJHC 932 (9 September 2024)
High Court appeal from convictions arising from the OR Tambo airport robbery. Some convictions were substituted: one appellant for robbery, another for receiving stolen property.
Khuza v S (CA&R81/2024) [2024] ZAECMKHC 135 (23 August 2024)
The court found that the Magistrate erred in refusing bail to the appellant. The State failed to present any direct or credible evidence linking the appellant to the alleged offences. The investigating officer's testimony was vague, relied on general statements, and did not distinguish the appellant's role from that of other accused. The alleged confession was not substantiated, and its voluntariness was disputed and unchallenged by the State. The charge sheet did not bring the offences within schedule 6, and thus the onus to prove exceptional circumstances did not apply. The appellant's pers…
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Ngcobo and Another v Minister of Police (4755/2017) [2023] ZAKZPHC 123; - (20 October 2023)
The High Court held the Minister of Police liable for unlawful arrest, detention and malicious prosecution of two men, postponing quantum for later determination.
Shangase v S (AR400/2019) [2023] ZAKZPHC 8 (27 January 2023)
The court found that the absence of a complete and reconstructable trial record made it impossible to properly exercise its appellate function and to ensure the appellant's right to a fair appeal. The available record consisted only of the judgment, sentence, indictment, summary of substantial facts, certain exhibits, and the application for leave to appeal, but lacked the evidence of witnesses and proceedings. Attempts to reconstruct the record failed, and the presiding judge and counsel could not assist due to missing notes. The court held that, in line with Constitutional Court and Supreme…
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Mtshemle and Another v S (CA&R137/2022) [2022] ZAECMKHC 68 (27 September 2022)
High Court appeal against refusal of bail in a Schedule 6 robbery case was dismissed because the appellants failed to show exceptional circumstances.
Komane v S (51/2019) [2022] ZASCA 55 (20 April 2022)
The Supreme Court of Appeal found that the cumulative circumstantial evidence, including DNA evidence and the applicant's confession, was sufficient to prove guilt beyond reasonable doubt. The DNA evidence linked the applicant to the stolen money and his co-accused, and the confession was made freely and voluntarily, with the applicant declining immediate legal representation. Although the pointing out procedure was flawed and did not comply with statutory requirements, the remaining evidence was overwhelming. The applicant's failure to testify left the State's case unchallenged. The trial co…
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Tsolo v S (A11/2019) [2022] ZAWCHC 25 (4 March 2022)
Appeal against murder, robbery and attempted murder convictions dismissed. The court upheld identification evidence, rejected the alibi, admitted the confession, and confirmed life imprisonment.
Dlangamandla v S (A05/2020) [2021] ZAMPMHC 12 (6 April 2021)
The court held that the magistrate did not misdirect herself in refusing bail. The appellant failed to discharge the onus of proving exceptional circumstances as required for Schedule 6 offences. His affidavit evidence was not independently corroborated and was less persuasive, and he did not present new facts that were genuinely new or relevant to the bail application. The so-called new facts, such as the completion of investigations and absence of tracking records, did not alter the strength of the State's case, which included a confession, eyewitness testimony, and cell phone records. The…
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S v Rwantsana (CC21/2015) [2020] ZAECMHC 60 (7 December 2020)
The High Court convicted the accused of murder and firearm offences after accepting eyewitness identification, ballistic evidence, and a confession.
Zamisa v S (A100/2020) [2020] ZAFSHC 249 (19 November 2020)
Appeal against convictions for robbery with aggravating circumstances and murder, and against minimum sentences, was dismissed.
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