Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ceboni v S (SS25/2023) [2024] ZAGPJHC 1172 (19 November 2024)
The High Court granted condonation for a late leave to appeal application, but refused leave on most counts, granting it only for count 4.
Dlamini and Another v S (A189/2023) [2024] ZAGPPHC 575 (27 June 2024)
The High Court upheld an appeal against rape and assault convictions, finding material contradictions in the complainant’s evidence and insufficient proof beyond reasonable doubt.
Links v S (CA&R 61/2022) [2023] ZANCHC 16 (14 April 2023)
The High Court dismissed an appeal against conviction for assault with intent to do grievous bodily harm, finding no unfair trial or material error.
Kekana and Another v S (CA&R 58/2021) [2021] ZAECGHC 81 (7 September 2021)
The appeal succeeded because the trial court misdirected itself in its evaluation of the evidence, particularly the contradictions between the State witnesses and the reliability of the identification evidence. The trial court failed to properly apply the cautionary rule to the evidence of a single witness and accomplice, and its reasoning regarding the effect of alcohol on Mr Moya's recollection was speculative and unsupported. The court found that Noqayi, as an accomplice and single witness, had motives to falsely implicate the appellants and that his evidence was not trustworthy. The appel…
Source excerpt
Motloung v S (A22/2019) [2019] ZAFSHC 254 (29 April 2019)
The High Court upheld the appeal against two rape convictions, finding material contradictions in the State’s evidence and no reliable medical corroboration.
Makhetha v S (A81/2018) [2018] ZAFSHC 128 (16 August 2018)
The High Court upheld an appeal against a rape conviction, finding the child complainant’s identification evidence unreliable and the conviction unsafe.
Katekani v S (A27/2018) [2018] ZAGPJHC 437 (18 June 2018)
High Court criminal appeal dismissed after finding the complainants had satisfactorily identified the appellant as one of the robbers and his alibi was not reasonably possibly true.
Kalumwaga v S (A589/16) [2018] ZAGPPHC 391 (16 April 2018)
The court found that there were material contradictions in the evidence of the State witnesses, particularly between the complainant, her father, and her mother's affidavit. The timing of the report and the medical evidence did not corroborate the complainant's version of events. The appellant's version, while not impressive, did not need to be proven but only to be reasonably possibly true. Given the unreliability of the complainant's evidence and the inconsistencies in the State's case, the court held that the State had failed to prove the case against the appellant beyond a reasonable doub…
Source excerpt
Matabane v S (A157/2013) [2017] ZAGPPHC 269 (12 April 2017)
The court found that the complainant's evidence was marked by material contradictions and confusion regarding the events leading up to the alleged rape. Her shifting versions and lack of clarity undermined the reliability of her testimony as a single witness. The trial court misdirected itself by finding these contradictions immaterial. Given the totality of the evidence, the State failed to prove the appellant's guilt beyond reasonable doubt, and the appellant's version could not be excluded as reasonably possibly true. Accordingly, the conviction and sentence could not stand.
Source excerpt
Koboka v S (CA&R46/2016) [2017] ZAECGHC 37 (31 March 2017)
The High Court upheld a rape appellant’s challenge, finding material contradictions in the State case and reasonable doubt, so the conviction and sentence were set aside.
Explore more
