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South Africa decisions
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S v Ncube and Another (Review) (CA&R25/2024) [2025] ZANCHC 40 (5 May 2025)
The High Court held that a special review before sentence was not justified because the magistrate’s doubts arose from post-conviction events, not a procedural irregularity.
Vassiliou v Road Accident Fund (820/2022) [2024] ZAGPPHC 875 (24 May 2024)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove a causal link between the collision and his alleged injuries.
Van Wyk v S (CA & R 85/2015) [2021] ZANCHC 8 (8 January 2021)
The court found that the complainant was properly admonished and competent to testify, with the process meeting statutory requirements. Her evidence, though subject to minor discrepancies regarding dates, was credible and corroborated by medical and probation officer testimony. The appellant's alibi was disproved, and his bare denial was rejected. The aggravating factors included the complainant's age, the familial relationship, and the emotional trauma inflicted. The trial court correctly found no substantial and compelling circumstances to deviate from the prescribed minimum sentence. The c…
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Nkosi and Another v S (A161//2017) [2019] ZAGPJHC 394; 2020 (1) SACR 206 (GJ) (25 October 2019)
The court found that the witness, Mr Sewpersad, provided a credible and reasonable explanation for his initial reluctance to identify the shooter, citing fear for his life. The witness subsequently gave a detailed description of the shooter in a second statement, months before the appellant was apprehended, and later identified the appellant from a newspaper photograph independently, without external influence. The trial court was satisfied with the honesty and reliability of the witness's evidence, corroborated by objective facts such as the aborted identification parade and the witness's co…
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Leshoro v S (A213/2018) [2018] ZAFSHC 203 (22 November 2018)
The High Court dismissed a rape appellant’s challenge to conviction and life sentence, finding no misdirection in the trial court’s credibility assessment or sentencing.
Mare v Lewies NO (38195/2008) [2017] ZAGPPHC 662 (11 October 2017)
The High Court granted absolution from the instance after finding the plaintiff had not established a prima facie case and that his credibility was fatally undermined.
Ferreira v ZTE South Africa (Pty) Ltd (13697/2012) [2016] ZAGPPHC 999 (6 December 2016)
The court granted absolution from the instance after finding that the plaintiff’s evidence on an alleged oral agreement was riddled with contradictions and lacked credibility.
Solwandle v S (A612/14) [2016] ZAGPPHC 1169 (28 October 2016)
Criminal appeal over a rape conviction turned on a child witness’s competence and inconsistent evidence. The High Court set aside the conviction and sentence.
Mosebekoa v Road Accident Fund (10973/2013) [2015] ZAGPPHC 145 (27 March 2015)
A Road Accident Fund claimant failed after his oral version of a collision contradicted his sworn affidavit, leading the court to find no proved negligence by the insured driver.
Tofa v S (20133/14) [2015] ZASCA 26 (20 March 2015)
The Supreme Court of Appeal dismissed a rape conviction appeal and refused further evidence, holding the new affidavit failed the test for admission.
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