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South Africa decisions
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Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)
The High Court granted absolution from the instance in a Road Accident Fund claim after finding material contradictions about the vehicles involved and no reliable proof of liability.
Maquthu v S (Appeal) (CA57/2024) [2025] ZANWHC 139 (7 August 2025)
The High Court dismissed a murder conviction appeal, holding that the trial court properly assessed witness credibility and that recorded contradictions were not material.
Sibongakonke v Road Accident Fund (1305/2021) [2025] ZAMPMHC 31 (13 June 2025)
The court dismissed a Road Accident Fund claim after finding the plaintiff’s versions of the collision were contradictory and she failed to prove negligence.
Ramotshekisi v Passenger Rail Agency of South Africa (7815/2015) [2025] ZAGPPHC 450 (6 May 2025)
The plaintiff's application to amend his pleadings was refused because it was brought too late in the proceedings, with no reasonable explanation for the delay, and was not made in good faith. The contradiction between 'pushed' and 'pulled' was not a material fact affecting the cause of action, which was based on the defendant's alleged negligence in operating the train with open doors. The defendant's application for absolution from the instance was refused because the plaintiff had established a prima facie case of negligence; the contradiction in his evidence was not material to the pleade…
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Hlako and Others v S (Appeal) (AA02/2024) [2025] ZALMPPHC 88 (30 April 2025)
The appeal court found that the trial court correctly convicted the appellants based on the direct, primary evidence provided by Gabriel and Matome, whose statements and testimonies were corroborated in all material respects. The alleged contradictions and inconsistencies raised by the appellants were either immaterial or attributable to the passage of time and did not undermine the central narrative of the prosecution's case. The court held that the defence failed to present any credible exculpatory evidence and that the trial court properly applied the principles governing the assessment of…
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Motladile v Road Accident Fund (2024-16366) [2025] ZAGPPHC 229 (11 March 2025)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff and witness gave materially contradictory versions and failed to prove negligence or causation.
Bonge v S (A106/2024) [2025] ZAFSHC 90 (6 March 2025)
The court found that the Magistrate erred by applying a test of mere probability rather than the standard of proof beyond reasonable doubt. The contradictions and inconsistencies in the complainant's version, her conduct after the alleged incidents, and the lack of corroboration from witnesses and medical evidence rendered the State's case insufficient. The complainant did not report rape to witnesses, and her actions were inconsistent with those of a person who had been raped. The court held that the State failed to prove the appellant's guilt beyond reasonable doubt, and the conviction coul…
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S v Robin and Others (CC 15/2022) [2025] ZAGPPHC 211 (27 February 2025)
The court found that the chain of custody for the Nokia cell phone and SIM cards was adequately maintained and documented, with no evidence of tampering or interference. The discrepancies in IMEI and ICCID numbers were minor and explained by witness testimony, and did not undermine the authenticity of the exhibits. The absence of the OLX team register and incomplete SAP13 entries did not break the chain of custody, as the evidence was consistently accounted for and handled by designated officers. However, the State failed to prove that the Samsung cell phone presented in court was the same de…
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Sinthumule v Road Accident Fund (2021/7032) [2024] ZAGPJHC 1234 (28 November 2024)
The court found that the plaintiff failed to comply with the statutory requirements of the Road Accident Fund Act by not submitting the required Accident Report and section 19(f) affidavit at the time of lodgement. The subsequent delivery of these documents occurred after the prescribed period, rendering the claim invalid and prescribed. The court further held that the contradictions between the plaintiff's oral evidence, affidavits, and hospital records were material and irreconcilable, undermining the credibility and reliability of his claim. The plaintiff failed to discharge the onus of pr…
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Msweli v S (SS20/2023) [2024] ZAGPJHC 1072 (21 October 2024)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The alleged contradictions in witness evidence were immaterial and did not undermine the reliability of the State's case. The court's decision to call additional witnesses under section 186 of the Criminal Procedure Act was justified to avoid deciding the matter on incomplete or hearsay evidence and did not improperly strengthen the prosecution's case. The applicant's personal circumstances did not provide sufficient grounds to depart from the prescribed minimum sentence, especially given the s…
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