South Africa Case Law

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A55/2023

Judges

Van Leeve, Ndita

The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment
• Delay In Reporting
• Pre-sentence Detention

Khonjwayo v S (AR213/2023)

Khonjwayo v S (AR213/2023) [2025] ZAKZPHC 58 (13 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR213/2023

Judges

Marion, Radebe

Appeal dismissed against convictions for three rapes of a 12-year-old and a life sentence. The High Court upheld the complainant's evidence and the minimum sentence.

• Rape Of A Minor
• Minimum Sentencing
• Child Witness Evidence
• Cautionary Rule
• Appeal On Sentence
• Credibility Assessment

S v Msila and Others (Interim Ruling) (CC04/2024)

S v Msila and Others (Interim Ruling) (CC04/2024) [2025] ZAWCHC 244 (4 June 2025)

Court

Western Cape High Court, Cape Town

Case number

CC04/2024

Judge

Wille

The court refused an accused’s section 174 discharge application at the close of the State case, finding the evidence sufficient to require the defence.

• Section 174 Discharge
• Prima Facie Evidence
• Credibility Assessment
• Fair Trial Rights
• Section-174-discharge
• Criminal-procedure

Maluleka v S (Appeal) (A29/2022)

Maluleka v S (Appeal) (A29/2022) [2025] ZALMPPHC 103 (30 May 2025)

Court

Limpopo High Court, Polokwane

Case number

A29/2022

Judges

Kganyago, Morgan

The High Court dismissed an appeal against rape convictions and a life sentence, holding that the complainant’s evidence was credible and the trial court had not misdirected itself.

• Rape
• Single Witness Testimony
• Sentencing Discretion
• Mandatory Minimum Sentence
• Credibility Assessment
• Criminal-appeal

Sediane and S (A167/2024)

Sediane and S (A167/2024) [2025] ZAFSHC 151 (29 May 2025)

Court

Free State High Court, Bloemfontein

Case number

A167/2024

Judges

Chesiwe, Deane

Appeal against rape conviction and 22-year sentence dismissed. The court upheld the trial court’s credibility findings, cautionary approach, and sentence.

• Rape
• Single Witness Testimony
• Credibility Assessment
• Minimum Sentence Legislation
• Substantial And Compelling Circumstances
• Criminal-appeal

Mbayeka v S (CA&R 11/2022)

Mbayeka v S (CA&R 11/2022) [2025] ZANCHC 41 (16 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 11/2022

Judges

Williams, Nxumalo

Appeal in a rape matter dismissed on conviction but allowed on sentence, with life imprisonment replaced by 20 years and antedated.

• Rape
• Single Witness Cautionary Rule
• Sentencing Discretion
• Substantial And Compelling Circumstances
• Credibility Assessment
• Appeal Against Sentence

Wapi v S (Appeal) (CA&R 11/2023)

Wapi v S (Appeal) (CA&R 11/2023) [2025] ZAECBHC 8 (8 April 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 11/2023

Judges

Jolwana, Pakati

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.

• Rape
• Consent
• Single Witness Cautionary Rule
• Burden Of Proof
• Mens Rea
• Credibility Assessment

S v M.S (CC07/2025)

S v M.S (CC07/2025) [2025] ZAECMKHC 32 (27 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CC07/2025

Judge

Cengani-Mbakaza

The High Court convicted the accused of raping an 11-year-old child after finding her evidence credible, supported by medical findings, and sufficient despite delayed reporting.

• Sexual Offences
• Child Witness Evidence
• Rape
• Burden Of Proof
• Credibility Assessment
• Child-witness-evidence

Fouche v S (Appeal) (A 239/24)

Fouche v S (Appeal) (A 239/24) [2025] ZAWCHC 76 (25 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A239/24

Judges

Le Grange, Bhoopchand

High Court appeal against a rape conviction dismissed. The court upheld the magistrate’s credibility findings and found no material misdirection.

• Rape
• Single Witness Evidence
• Appeal On Conviction
• Minimum Sentence Legislation
• Credibility Assessment
• Criminal-appeal

Shoprite Checkers (Pty) Ltd v SACCAWU obo Ramolobeng and Others (JR725/23)

Shoprite Checkers (Pty) Ltd v SACCAWU obo Ramolobeng and Others (JR725/23) [2025] ZALCJHB 279 (25 February 2025)

Court

Labour Court Johannesburg

Case number

JR725/23

Judge

M. T. M. Phehane

The applicant failed to prove the existence of a workplace rule prohibiting employees from removing waste products. The evidence before the arbitrator showed that neither the store manager nor the disciplinary chairperson could identify such a rule, and the first respondent was unaware of any prohibition until disciplinary proceedings commenced. The charge against the first respondent did not reference a 'waste policy', and the Workplace Rules cited by the applicant pertained to goods fit for consumption, not discarded waste. No evidence was presented that removing waste posed a risk to the a…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Workplace Rules
• Substantive Fairness
• Credibility Assessment