South Africa Case Law

Nakedi v S (A173/2016)

Nakedi v S (A173/2016) [2018] ZAFSHC 36 (29 March 2018)

Court

Free State High Court, Bloemfontein

Case number

A173/2016

Judges

S Naidoo, J P Daffue

The court found that although the trial court and prosecution were remiss in not seeking a ruling on the admissibility of hearsay and documentary evidence at the close of the State's case, this irregularity did not render the trial unfair when considering the totality of the evidence and the conduct of the defence. The appellant, represented by experienced counsel, did not dispute the authenticity of the documents or the hearsay evidence, and made a deliberate decision not to apply for discharge. The evidence established beyond reasonable doubt the appellant's guilt on counts of fraud and cor…

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• Fraud
• Corruption Act
• Prevention And Combating Of Corrupt Activities Act
• Prevention Of Organised Crime Act
• Admissibility Of Hearsay Evidence
• Right To Fair Trial

Segalo v S (A543/2010)

Segalo v S (A543/2010) [2017] ZAGPPHC 41 (14 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

A543/2010

Judges

Ranchod, Nobanda

Appeal from a corruption conviction and five-year sentence dismissed. The High Court held the complainant’s evidence, though cautious, was reliable and contradictions were not material.

• Corruption Act
• Credibility Of Single Witness
• Evaluation Of Evidence
• Sentence Mitigation
• Police Corruption
• Corruption

Van der Merwe v S (A627/2011)

Van der Merwe v S (A627/2011) [2015] ZAGPPHC 1107 (4 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A627/2011

Judges

Kubushi, Tsatsi

Appeal succeeded because the reconstructed record was too incomplete for fair review, and the contempt conviction failed on the medical evidence.

• Corruption Act
• Contempt Of Court
• Record Reconstruction
• Criminal Procedure Act
• Fair Trial Rights
• Criminal-appeal

S v Brown (CC 50/2010)

S v Brown (CC 50/2010) [2013] ZAWCHC 210 (18 April 2013)

Court

Western Cape High Court, Cape Town

Case number

CC 50/2010

Judge

Veldhuizen

The High Court acquitted the accused on counts 1 and 3–9, finding the State’s concessions justified, and convicted him on counts 2 and 6 on the basis of his admissions.

• Fraud
• Theft
• Corruption Act
• Prevention And Combating Corrupt Activities Act
• Prevention Of Organised Crime Act
• Criminal-law

Senkhane v S (300/10)

Senkhane v S (300/10) [2011] ZASCA 94; 2011 (2) SACR 493 (SCA); [2011] 4 All SA 257 (SCA) (31 May 2011)

Court

Supreme Court of Appeal

Case number

300/10

Judges

Navsa, Snyders, Bosielo, Shongwe, Seriti

The Supreme Court of Appeal held that the established practice of allowing an automatic right of appeal against the refusal of condonation by a high court sitting as a court of appeal is undesirable and should be replaced. The court exercised its inherent jurisdiction to require that leave to appeal be sought from the high court before approaching the Supreme Court of Appeal in such matters. The appellant's application for condonation was correctly refused by the high court, as there were no reasonable prospects of success on the merits of the appeal against conviction and sentence. The evide…

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• Condonation
• Leave To Appeal
• Corruption Act
• Fraud
• Prospects Of Success
• Appeal Procedure

Mogale v S (A1526/2004)

Mogale v S (A1526/2004) [2010] ZAGPPHC 215 (3 December 2010)

Court

North Gauteng High Court, Pretoria

Case number

A1526/2004

Judges

R J Tolmay, N M Mavundla

High Court criminal appeal dismissed after conviction for corruption by police officers was upheld, and the 15-year minimum sentence remained in place.

• Corruption Act
• Minimum Sentencing
• Common Purpose
• Police Misconduct
• Corruption
• Minimum-sentencing

Lachman v S (432/09)

Lachman v S (432/09) [2010] ZASCA 14; 2010 (2) SACR 52 (SCA) ; [2010] 3 All SA 483 (SCA) (15 March 2010)

Court

Supreme Court of Appeal

Case number

432/09

Judges

Mthiyane, Van Heerden, Griesel

The court held that the police operation was not a trap, the cellphone search was lawful, and circumstantial evidence proved guilt beyond reasonable doubt.

• Corruption Act
• Admissibility Of Evidence
• Police Trap
• Search And Seizure
• Circumstantial Evidence
• Corruption

Mbambo v S (A118/2009)

Mbambo v S (A118/2009) [2009] ZAFSHC 131 (5 November 2009)

Court

Free State High Court, Bloemfontein

Case number

A118/2009

Judges

Mocumie, Jordaan

The appeal succeeded because the trial court misdirected itself by failing to properly assess the credibility and reliability of the complainant, who was a single witness with material contradictions and improbabilities in his evidence. The trial court also erred in finding corroboration where there was none on the disputed issues and did not sufficiently warn itself of the caution required in single witness cases. The State failed to prove its case beyond reasonable doubt, and the appellant was entitled to an acquittal. The conviction and sentence were accordingly set aside.

Source excerpt

• Corruption Act
• Single Witness Evidence
• Onus Of Proof
• Credibility Of Witnesses

S v Matsabu (186/08)

S v Matsabu (186/08) [2008] ZASCA 149; 2009 (1) SACR 513 (SCA) ; [2009] 2 All SA 150 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

186/08

Judges

Heher, Combrinck, Cachalia

The Supreme Court of Appeal held that a police trap did not go beyond giving the appellant an opportunity to accept a bribe, so the evidence was admissible.

• Trap Evidence
• Admissibility Of Evidence
• Corruption Act
• Fair Trial Rights
• Trial Within A Trial
• Trap-evidence

S v Mduli, S v Thage; S v Hlongwane (69/00906/2006, 69/936/2006, 69/01562/2006)

S v Mduli, S v Thage; S v Hlongwane (69/00906/2006, 69/936/2006, 69/01562/2006) [2006] ZAGPHC 239 (14 September 2006)

Court

High Courts - Gauteng

Case number

69/00906/2006, 69/936/2006, 69/01562/2006

Judges

D S S Moshidi, M W Msimeki

On special review, the High Court confirmed convictions in three cases but narrowed overbroad suspended-sentence conditions to offences directly tied to each conviction.

• Suspended Sentence Conditions
• Corruption Act
• Firearms Control Act
• Judicial Discretion
• Sentence Review
• Suspended-sentence-conditions