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South Africa decisions
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Motepe v S (Appeal) (CA25/2021) [2025] ZANWHC 95 (2 June 2025)
The High Court dismissed an appeal against a rape conviction, finding the complainant credible, the appellant’s version improbable, and consent not proved.
Wapi v S (Appeal) (CA&R 11/2023) [2025] ZAECBHC 8 (8 April 2025)
The High Court upheld an appeal against a rape conviction, finding the trial court failed to properly assess the evidence, the accused’s version, and the single-witness cautionary rule.
Yurell v S (Appeal) (CA & R: 55/2024) [2025] ZANCHC 16 (28 February 2025)
The court found that the complainant's evidence was credible, corroborated by independent witnesses and medical findings. The appellant's version was rejected as not reasonably possibly true and contradicted by the weight of the evidence. The complainant's submission to sexual intercourse was due to intimidation, threats, and physical violence, not consent. The trial court's application of the cautionary rule was correct, and the sequence of assault and rape justified the application of the Minimum Sentences Act. The appellant's arguments regarding misdirection, consent, and the relevance of…
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Tshemego v S (CA30/2023) [2024] ZANWHC 308 (19 December 2024)
The court found that the trial court had materially misdirected itself by convicting the appellant on eight counts of rape, which constituted impermissible duplication of convictions. The evidence established that the appellant raped each victim more than once in a single encounter, which should have resulted in two counts only. The convictions on counts 2 to 4 and 6 to 8 were set aside, and the appellant was acquitted on those counts. The sentences of life imprisonment on counts 1 and 5 were confirmed, as the aggravating circumstances justified the prescribed minimum sentence. The appellant'…
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Mashego v S (A173/2024) [2024] ZAGPPHC 1293 (27 November 2024)
High Court appeal overturning a rape conviction because, although consent was invalid due to mistaken identity, the State failed to prove mens rea.
Nkosi v S (AR164/2022) [2024] ZAKZPHC 103 (29 October 2024)
The appeal court found that the evidence supported only one count of rape, committed on two occasions by the appellant, and not two separate counts as originally convicted. The complainant's evidence was corroborated and her intoxication rendered her incapable of consenting to sexual intercourse, as defined by the Sexual Offences Act. The court held that the prescribed minimum sentence of life imprisonment was not applicable due to the absence of a finding of common purpose and the lack of evidence supporting three counts of rape. Instead, the facts supported a conviction for one count of rap…
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Mgwali v S (A97/2024) [2024] ZAWCHC 335 (16 October 2024)
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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Kaotsane v S (CA & R 25/2023) [2024] ZANCHC 74 (28 June 2024)
The High Court upheld Steven Kaotsane’s rape conviction but reduced his sentence from life imprisonment to 25 years after finding mitigating factors justified deviation.
Mazosiwe v S (CA&R102/23) [2024] ZAECMKHC 60 (11 June 2024)
The High Court upheld an appeal against a rape conviction, finding material misdirections in the trial court’s evaluation of consent, credibility, and expert evidence.
Kota v S (A23/2023) [2024] ZALMPPHC 63 (31 May 2024)
Appeal dismissed. The High Court upheld a conviction for rape and related offences and confirmed life imprisonment, finding no substantial and compelling circumstances.
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