South Africa Case Law

Phoshoko v S (Appeal) (AA09/2022)

Phoshoko v S (Appeal) (AA09/2022) [2025] ZALMPPHC 90 (5 May 2025)

Court

Limpopo High Court, Polokwane

Case number

AA 09/2022

Judges

Naude-Odendaal, Diamond, Pillay

The appeal court found that the trial court committed several procedural irregularities that went to the heart of the appellant's right to a fair trial. These included the improper admission of evidence without adequate ventilation in a 'trial within a trial', the trial court's intervention and limitation of cross-examination, and the acceptance of inadmissible hearsay evidence. The trial court failed to clarify which evidence formed the basis of the conviction and did not properly address the admissibility of the pointing out and confession. The cumulative effect of these irregularities rend…

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• Fair Trial Rights
• Admissibility Of Evidence
• Procedural Irregularity
• Confession And Admission
• Criminal Appeal
• Unconstitutionally Obtained Evidence

D v S (CA 20/21)

D v S (CA 20/21) [2024] ZANWHC 68 (6 March 2024)

Court

North West High Court, Mafikeng

Case number

CA 20/21

Judges

Reddy, Roux

The High Court dismissed an appeal against a rape conviction and life sentence, finding the child complainant credible and no substantial and compelling circumstances.

• Rape Of A Minor
• Minimum Sentencing
• Credibility Of Single Witness
• Child Protection
• Criminal Appeal
• Mitigating Factors

Afrika v S (A693/2019)

Afrika v S (A693/2019) [2020] ZAGPPHC 517 (17 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A693/2019

Judges

N V Khumalo, TAN Makhubele

The appeal court found no material misdirection or error in the trial court's evaluation of the evidence. The identification of the appellant was reliable, supported by the witnesses' prior knowledge, proximity, and corroborating details such as clothing. The appellant's alibi was inconsistent and contradicted by his own mother. Medical evidence confirmed recent trauma consistent with rape. The prescribed minimum sentence of life imprisonment was appropriate given the aggravating circumstances: the complainant's age, the manner of the offence, and the appellant's previous conviction. The appe…

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• Rape Of Minor
• Minimum Sentencing
• Identification Evidence
• Criminal Appeal
• Substantial And Compelling Circumstances

S v Bennett (SS40/2006)

S v Bennett (SS40/2006) [2018] ZAGPJHC 501 (14 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

SS40/2006

Judge

Spilg

The court found that Bennett's applications for special entry did not satisfy the statutory requirements under section 317 of the Criminal Procedure Act. The alleged irregularities relied upon by Bennett were all matters appearing on the record and related to rulings made during the proceedings, which are not proper grounds for special entry. Furthermore, Bennett did not allege that a failure of justice had resulted from the alleged irregularities. The State's argument that the applications were not bona fide, were frivolous and amounted to an abuse of process was accepted. The applications w…

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• Special Entry
• Irregularity In Trial
• Criminal Appeal
• Cross Examination
• Legal Aid
• Judicial Rulings

Nzimande v S (AR21/2017)

Nzimande v S (AR21/2017) [2017] ZAKZPHC 33 (29 August 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR21/2017

Judges

Seegobin, Chili

The High Court upheld an appeal against a rape conviction after finding material contradictions in the complainant’s and her brother’s evidence.

• Rape
• Credibility Of Witnesses
• Contradictory Evidence
• Criminal Appeal
• Life Imprisonment Sentence
• Criminal-appeal

M.S.S v S (A607/2014)

M.S.S v S (A607/2014) [2014] ZAGPPHC 942 (1 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

A607/2014

Judges

E.M. Kubushi, A.A. Louw

The High Court upheld an appeal against rape convictions, finding the complainant’s evidence inconsistent and insufficiently corroborated, and setting aside both convictions and sentences.

• Rape
• Accomplice Liability
• Child Witness Evidence
• Criminal Appeal
• Minimum Sentences
• Accomplice-liability

Sizani v S (A530/2012)

Sizani v S (A530/2012) [2014] ZAGPPHC 192 (5 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A530/2012

Judges

M W Msimeki, T A N Makhubele

The High Court upheld an appeal against a maintenance conviction after finding the underlying maintenance order was unsigned and legally ineffective.

• Maintenance Act
• Invalid Order
• Conviction And Sentence
• Criminal Appeal
• Criminal-appeal
• Maintenance-act

Mogane v S (A38/2013)

Mogane v S (A38/2013) [2014] ZAGPPHC 75 (9 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

A38/2013

Judges

Twala, Fourie

The court found that there was sufficient compliance with Section 93 ter (1) of the Magistrates' Courts Act 32 of 1944, as the appellant's legal representative confirmed that no assessors were needed. The record reflected that the appellant was informed of the minimum sentence provisions at his first appearance, satisfying the requirements of Section 51 of Act 105 of 1997. The trial court was properly constituted and the appellant's rights were not prejudiced. The attack on the deceased was brutal and unprovoked, and there were no substantial and compelling circumstances to deviate from the p…

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• Murder
• Minimum Sentences
• Assessors
• Magistrates Courts Act
• Criminal Appeal

S v Mashinini and Another (CC 75/85)

S v Mashinini and Another (CC 75/85) [2003] ZANWHC 3 (28 January 2003)

Court

North West High Court, Mafikeng

Case number

CC 75/85

Judge

M.T.R. Mogoeng

Advice to the President under the Criminal Law Amendment Act substituted death sentences with 20 and 18 years’ imprisonment, antedated to 18 December 1985.

• Death Penalty Substitution
• Sentencing Discretion
• Murder
• Criminal Appeal
• Criminal Law Amendment Act
• Death-penalty-substitution