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South Africa Case Law

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Criminal Law [2022] ZAFSHC 297

Malebo v S (A153/2021)

Malebo v S (A153/2021) [2022] ZAFSHC 297 (4 November 2022)

Appeal dismissed in a child sexual offence case. The High Court upheld convictions and life imprisonment, finding the evidence credible and no substantial and compelling circumstances.

  • Sexual Offences Against Children
  • Minimum Sentencing
  • Credibility Of Child Witnesses
  • Rape
  • Substantial And Compelling Circumstances
  • Sexual-offences-against-children
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Criminal Law [2022] ZAFSHC 137

van der Walt v S (A70/2021)

van der Walt v S (A70/2021) [2022] ZAFSHC 137 (1 June 2022)

The court found that the trial court correctly rejected the appellant's version as false and that the evidence of complainants 1 and 3 was sufficiently detailed and credible to sustain convictions on counts 1 and 3. However, the evidence of complainant 2 (counts 2 and 4) was marred by material discrepancies and lack of corroboration, rendering those convictions unsafe. The trial court erred in collectively evaluating the complainants' evidence without addressing individual contradictions, particularly regarding complainant 2. The sentences imposed for counts 1 and 3 were not shockingly inappr…

  • Sexual Offences Against Children
  • Credibility Of Child Witnesses
  • Single Witness Rule
  • Sentencing Guidelines
  • Minimum Sentences
  • Appeal Procedure
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Criminal Law [2022] ZAFSHC 94

Nkoto v S (A44/2021)

Nkoto v S (A44/2021) [2022] ZAFSHC 94 (12 May 2022)

Appeal against rape convictions and life sentences dismissed. The High Court upheld the trial court’s credibility findings and confirmation of statutory orders.

  • Rape Of Minors
  • Credibility Of Child Witnesses
  • Sentencing Discretion
  • Minimum Sentences
  • Concurrent Sentences
  • National Register Of Sex Offenders
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Criminal Law [2014] ZAGPPHC 1053

Mango v S (A261/14)

Mango v S (A261/14) [2014] ZAGPPHC 1053 (23 April 2014)

The High Court dismissed a criminal appeal against conviction and life sentence for raping two minor girls, finding no basis to depart from the prescribed minimum sentence.

  • Rape Of Minors
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Credibility Of Child Witnesses
  • Rape-of-minors
  • Minimum-sentencing
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Criminal Law [2013] ZAGPPHC 76

Kuyper v S (A911/2011)

Kuyper v S (A911/2011) [2013] ZAGPPHC 76 (7 March 2013)

Appeal upheld after the court found the child witnesses’ evidence too vague, inconsistent, and suggestible to prove the sexual offence charges beyond reasonable doubt.

  • Sexual Offences Against Children
  • Single Witness Cautionary Rule
  • Credibility Of Child Witnesses
  • Onus Of Proof
  • Appeal Against Conviction
  • Suggestibility Of Witnesses
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Criminal Law [2011] ZAWCHC 70

Theron v S (A523/2010)

Theron v S (A523/2010) [2011] ZAWCHC 70 (11 March 2011)

Appeal dismissed in a criminal matter involving indecent assault and rape of young boys; the High Court upheld the convictions and 25-year effective sentence.

  • Sexual Offences
  • Rape Of Minors
  • Minimum Sentencing
  • Credibility Of Child Witnesses
  • Leave To Appeal
  • Criminal-law
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Criminal Law [2010] ZANCHC 51

S v Van Schalkwyk (CA&R 38/08)

S v Van Schalkwyk (CA&R 38/08) [2010] ZANCHC 51 (3 September 2010)

Appeal in a child sexual offences case partly succeeded on home-based counts, but shop-based indecent assault convictions and most sentences were upheld.

  • Sexual Offences Against Children
  • Credibility Of Child Witnesses
  • Corroboration Of Single Witness
  • Sentencing Principles
  • Corrective Supervision
  • Similar Fact Evidence
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Criminal Law [1991] ZASCA 140

S v De Graaff (488/90)

S v De Graaff (488/90) [1991] ZASCA 140 (27 September 1991)

The appeal against conviction for two counts of indecent assault was dismissed by majority, with a dissent that would have acquitted the appellant.

  • Indecent Assault
  • Cautionary Rule
  • Credibility Of Child Witnesses
  • Mens Rea
  • Fair Trial Rights
  • Indecent-assault
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.