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South Africa decisions
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Makgisa v S (Appeal) (CA14/2023) [2025] ZANWHC 135 (30 June 2025)
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.
S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)
The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…
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Mtetandaba v S (CA & R 51/2023) [2025] ZAECMHC 7 (21 January 2025)
The appeal court found no material misdirection in the trial court's evaluation of the evidence. The trial court was faced with two conflicting versions and was entitled to weigh the probabilities and credibility of the witnesses. The appellant's version was not put to the complainant during cross-examination, undermining its reliability. The complainant's evidence, though imperfect, was not rendered wholly unreliable by minor discrepancies. The J88 medico-legal report was properly admitted and did not serve as a previous consistent statement corroborating the complainant's evidence. The tria…
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Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22) [2024] ZAGPPHC 961; 2025 (1) SACR 36 (GP) (30 September 2024)
The High Court held that key sexual offences provisions are unconstitutional to the extent that they allow a subjective belief in consent without objectively reasonable steps.
D.C v S (A151/2024) [2024] ZAWCHC 251 (6 September 2024)
The appeal court found that the trial court correctly applied the cautionary rules and legal principles regarding the evidence of a single child witness in sexual offence matters. The discrepancies and delayed reporting in the complainant’s evidence were not material and did not undermine her credibility. The trial court’s findings on the complainant’s reliability and lack of ulterior motive were supported by the evidence. The appellant’s version was found to be improbable and inconsistent, with no reasonable possibility of truth. On sentence, the court held that there were no substantial and…
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A.M v S (CA&R130/2023) [2024] ZAECMKHC 73 (20 June 2024)
The High Court dismissed an appeal against a rape conviction and life sentence, finding the complainant credible, the appellant’s version improbable, and no basis to interfere with sentence.
Tema v S (A24/2023) [2024] ZALMPPHC 47 (16 May 2024)
The High Court dismissed an appeal against conviction and life sentence for raping a 13-year-old child, finding the complainant credible and consent legally impossible.
Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (main and supplementary judgment) (248/2022) [2024] ZASCA 59; 2024 (2) SACR 113 (SCA); [2024] 3 All SA 674 (SCA) (24 April 2024)
The Supreme Court of Appeal found that the complainant, TS, had repeatedly communicated her wish not to engage in penetrative sex and that the respondent had assured her this would be respected. The respondent's reliance on body language and prior foreplay as indicators of consent was rejected, as mere acquiescence or lack of resistance does not constitute consent under South African law. The WhatsApp messages and TS's immediate reaction after the incident corroborated her lack of consent. The High Court erred in finding tacit consent based on insubstantial grounds and in interfering with the…
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M.J.M v S (A13/2023) [2024] ZALMPPHC 4 (16 January 2024)
The High Court dismissed a conviction appeal in a rape case involving a child complainant, finding the evidence credible, corroborated, and sufficient.
Tsoai v S (A36/2021) [2023] ZALMPPHC 51 (20 July 2023)
Appeal against rape conviction and life sentence dismissed. The court found the complainant credible, supported by medical evidence, and rejected consent as improbable.
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