South Africa Case Law

M.P.S v S (A21/2024)

M.P.S v S (A21/2024) [2025] ZAGPJHC 703 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A21/2024

Judges

Malindi, Mia

The appeal court found that the trial court correctly applied the cautionary rule to the evidence of the complainant, a single child witness. The complainant's account was corroborated by medical evidence indicating injuries consistent with vaginal penetration, her mother's testimony regarding her pain and distress, and her consistent reporting of the incident. The contradictions in the State's case were not material and did not undermine the overall credibility of the complainant. The appellant's denial was found to be false and not reasonably possibly true when viewed against the totality o…

Source excerpt

• Rape Of Minor
• Single Witness Cautionary Rule
• Credibility Of Child Witness
• Corroboration
• Minimum Sentences Act
• Powers Of Appeal Court

Phogole v S (370/2023)

Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025)

Court

Supreme Court of Appeal

Case number

370/2023

Judges

Makgoka, Mokgohloa, Mothle

The SCA upheld a rape conviction based on a single child witness, but reduced the sentence because the minimum-sentence warning was not properly shown on record.

• Rape Of Minor
• Single Witness Evidence
• Minimum Sentence Legislation
• Cautionary Rule
• Credibility Of Child Witness
• Sentencing Misdirection

Nqana v S (A90/2024)

Nqana v S (A90/2024) [2025] ZAFSHC 85 (28 February 2025)

Court

Free State High Court, Bloemfontein

Case number

A90/2024

Judges

Mhlambi, Van Rhyn

The High Court upheld an appeal against a rape conviction and life sentence, finding the trial court failed to apply caution to a single child witness with possible intellectual disability.

• Rape
• Single Witness Evidence
• Cautionary Rule
• Credibility Of Child Witness
• Mental Impairment
• Minimum Sentence

Mbombie v S (AR296/2019)

Mbombie v S (AR296/2019) [2025] ZAKZPHC 23 (28 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR296/2019

Judges

Mngadi, Jikela

The High Court upheld an appeal against a rape conviction, finding material discrepancies, no corroboration, and a trial misdirection on the evidence.

• Rape
• Credibility Of Child Witness
• Single Witness Evidence
• Corroboration
• Minimum Sentencing
• Interpreter Competence

D.C v S (A151/2024)

D.C v S (A151/2024) [2024] ZAWCHC 251 (6 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A151/2024

Judges

Kusevitsky, Andrews

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…

Source excerpt

• Rape Of Minor
• Minimum Sentencing
• Credibility Of Child Witness
• Cautionary Rule
• Consent In Sexual Offences
• Appeal On Sentence

Malatjie v S (CA 46/21)

Malatjie v S (CA 46/21) [2024] ZANWHC 48 (26 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 46/21

Judges

Reddy AJ, Roux AJ

Appeal against rape conviction and life sentence dismissed. The High Court found no misdirection, accepted the child complainant’s evidence, and confirmed the sentence.

• Rape Of A Minor
• Minimum Sentencing
• Credibility Of Child Witness
• Appeal On Sentence
• Firearms Control Act Order
• Rape-of-a-minor

Mokupi v S (A37/2023)

Mokupi v S (A37/2023) [2023] ZAFSHC 279 (20 July 2023)

Court

Free State High Court, Bloemfontein

Case number

A37/2023

Judges

Daffue, Naidoo

The appeal court found no misdirection in the trial court's assessment of the evidence and credibility of the complainant, who was a single child witness. The trial court correctly applied the cautionary rule and found corroboration from other witnesses. The complainant's delayed reporting was reasonably explained by threats and lack of support from family. The trial court's findings on the facts and credibility were entitled to deference. Regarding sentence, the court found that the prescribed minimum sentence of life imprisonment was appropriate given the seriousness of the offence, the agg…

Source excerpt

• Sexual Offences
• Rape
• Credibility Of Child Witness
• Minimum Sentencing
• Substantial And Compelling Circumstances

Seruma v S (Mphahlele DJP; Langa AJ)

Seruma v S (Mphahlele DJP; Langa AJ) [2021] ZAMPMHC 25 (7 October 2021)

Court

Middelburg High Court, Mpumalanga

Case number

A22/20

Judges

S S Mphahlele, M B Langa

The High Court dismissed an appeal against convictions for rape and attempted rape, finding the child complainant credible and the evidence sufficiently corroborated.

• Rape
• Attempted Rape
• Single Witness Evidence
• Credibility Of Child Witness
• Appeal Against Conviction
• Attempted-rape

Moshwana v S (A440/2018)

Moshwana v S (A440/2018) [2020] ZAGPPHC 589 (12 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

A440/2018

Judges

Manamela, AC Basson

Appeal against rape and sexual assault convictions dismissed; the High Court confirmed life imprisonment and a 5-year sentence.

• Sexual Offences
• Single Witness Evidence
• Minimum Sentences
• Credibility Of Child Witness
• Application Of Cautionary Rules
• Sexual-offences

Barnard v S (A144/2019)

Barnard v S (A144/2019) [2019] ZAFSHC 185 (24 October 2019)

Court

Free State High Court, Bloemfontein

Case number

A144/2019

Judges

Molitsoane, Murray

The High Court dismissed Frans Barnard’s appeal against rape and sexual assault convictions involving a 4-year-old complainant, and confirmed life imprisonment.

• Rape Of Minor
• Sexual Assault
• Minimum Sentencing
• Credibility Of Child Witness
• Substantial And Compelling Circumstances
• Rape-of-minor