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South Africa decisions
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Rossouw v Mogorotsi and Another (HCA30/2019) [2022] ZALMPPHC 42 (10 August 2022)
The High Court dismissed an appeal in a malicious prosecution case, holding that the respondents had a reasonable basis to complain after an altercation and alleged racial insult.
S v Makola (43/2020; RCN 32/19) [2020] ZALMPPHC 79 (9 September 2020)
The court found that the accused's convictions for intimidation under section 1(1)(b) of the Intimidation Act 72 of 1982 must be set aside because the Constitutional Court declared that provision unconstitutional and invalid in the Moyo case. The order of invalidity operates retrospectively to pending trials and appeals where the right of appeal has not yet been exhausted. Since the accused had been convicted but not yet sentenced, his trial was not finalized and he had not exercised his right of appeal. Therefore, it would not be in accordance with the administration of justice to proceed wi…
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Horwitz v S (CA&R129/2019) [2020] ZAECGHC 14; 2020 (1) SACR 587 (ECG) (25 February 2020)
High Court appeal in a criminal matter. Conviction for assault was set aside, but the crimen injuria conviction and sentence were upheld.
Patel v National Director of Public Prosecutions and Others (4347/15) [2018] ZAKZDHC 17; 2018 (2) SACR 420 (KZD) (13 June 2018)
The court found that the prosecution of the plaintiff was instituted without reasonable and probable cause and with animus injuriandi by the first, second, and fourth defendants. The evidence presented by the plaintiff and his witnesses was credible, while the version of Ms Nxele was riddled with contradictions and inconsistencies, both in her statements and testimony. The prosecution authorities failed to properly interrogate the evidence and did not pursue mediation or alternative dispute resolution as recommended. The plaintiff was not informed of the option to pay an admission of guilt fi…
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Olckers v S (A171/2016) [2018] ZAGPPHC 174 (28 March 2018)
The High Court dismissed an appeal against convictions for common assault and crimen injuria, finding the complainant's version more probable than the appellant's.
Van Ieperen v S (A194/2016) [2016] ZAWCHC 109; 2017 (1) SACR 226 (WCC) (26 August 2016)
The High Court upheld an appeal against a crimen injuria conviction, setting aside the conviction and sentence because section 270 of the CPA could not be used.
Nagel v Minister of Police (A214/14) [2016] ZAGPPHC 88 (17 February 2016)
Appeal dismissed in a damages claim for unlawful arrest, assault and detention. The court held the arrest was lawful under section 40(1)(a) and the assault claim failed.
Phuthi v Minister of Police (8540/2012) [2015] ZAGPPHC 159 (5 March 2015)
The court found the defendant's version, supported by credible and consistent witnesses, to be more probable than the plaintiff's, whose evidence was riddled with contradictions and improbabilities. The plaintiff failed to prove on a balance of probabilities that his arrest and detention were unlawful, that he was assaulted by police officers, or that the prosecution was malicious. The police acted within the scope of section 40(1)(a) of the Criminal Procedure Act, as the plaintiff committed crimen injuria in their presence. The alleged assault was not substantiated by credible evidence, and…
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Kidson v Minister of Safety And Security (31309/2012) [2014] ZAGPPHC 861 (8 October 2014)
High Court held the plaintiff’s arrest and detention were lawful under section 40(1)(a) of the CPA and dismissed claims for unlawful arrest and assault.
Van Vuuren v S (CA&R 64/14) [2014] ZANCHC 30 (17 September 2014)
Appeal against a crimen injuria conviction dismissed. The court held that the State’s evidence had no material contradictions and the appellant’s version was improbable.
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