South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2025] ZAWCHC 271 (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

LekhULENI

The court held that the State may apply for the admission of hearsay evidence either under s 222 of the Criminal Procedure Act read with s 34 of the Civil Proceedings Evidence Act, or under s 3(1)(c) of the Law of Evidence Amendment Act. The statutory exceptions established prior to 1988 remain in force, and the introductory phrase 'subject to the provisions of any other law' in s 3(1)(c) facilitates alternative avenues for admissibility. If the requirements of s 34 are met, the statements are admissible as a matter of law; if not, the court may still admit the evidence under s 3(1)(c) if it…

Source excerpt

• Hearsay Evidence
• Admissibility Of Documentary Evidence
• Constitutional Right To Fair Trial
• Criminal Gang Activity
• Photo Identification Parade
• Witness Intimidation

S v Davids and Others (CC103/2019)

S v Davids and Others (CC103/2019) [2022] ZAWCHC 216 (31 October 2022)

Court

Western Cape High Court, Cape Town

Case number

CC103/2019

Judge

Henney

The court found, beyond reasonable doubt, that accused 1 and 2 were responsible for the murders of Christopher Cornelius and L[....] J[....] on 26 March 2019, based primarily on the credible and corroborated eyewitness testimony of L[....]2 and Rochelle. The evidence established a common purpose and premeditation between accused 1 and 2. Regarding the second incident on 7 April 2019, the court accepted Nikita Ruiters' testimony that accused 4 murdered Glenda Ruiters, with accused 2 and 3 forming a common purpose. Accused 3 was found guilty of the attempted murder of Nikita. The court rejected…

Source excerpt

• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Criminal Gang Activity
• Prevention Of Organised Crime Act

S v Solomon and Others (CC23/2018)

S v Solomon and Others (CC23/2018) [2020] ZAWCHC 118; 2021 (1) SACR 533 (WCC) (12 October 2020)

Court

Western Cape High Court, Cape Town

Case number

CC23/2018

Judge

O L Rogers

Sentencing judgment imposing life and long-term sentences for murder, attempted murder, drug dealing, and gang-related offences.

• Minimum Sentencing
• Criminal Gang Activity
• Drug Dealing
• Firearm Possession
• Attempted Murder
• Murder

Solomons v S (CC23/2018)

Solomons v S (CC23/2018) [2019] ZAWCHC 38; [2019] 2 All SA 833 (WCC) (29 March 2019)

Court

Western Cape High Court, Cape Town

Case number

CC23/2018

Judge

De Waal

High Court bail application refused for an accused facing Schedule 6 murder, gang and drug charges. The court found no exceptional circumstances and no weak State case.

• Bail Application
• Exceptional Circumstances
• Criminal Gang Activity
• Prevention Of Organised Crime Act
• Murder
• Drug Dealing

S v Peters and Another (SS17/2013)

S v Peters and Another (SS17/2013) [2013] ZAWCHC 218 (4 November 2013)

Court

Western Cape High Court, Cape Town

Case number

SS17/2013

Judge

Binns-Ward

The High Court convicted Moegamat Shafiek Minnies of murder, attempted murder, firearm and ammunition offences, while acquitting Gary Peters of the violence counts.

• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Criminal Gang Activity
• Prevention Of Organised Crime Act

S v Petersen en Anders (SS21/2011)

S v Petersen en Anders (SS21/2011) [2012] ZAWCHC 353 (14 November 2012)

Court

Western Cape High Court, Cape Town

Case number

SS21/2011

Judge

Steyn

The court held that cellphone records obtained under section 205 subpoenas were lawfully issued and admissible, finding the magistrates properly exercised discretion.

• Admissibility Of Evidence
• Subpoena Procedure
• Criminal Gang Activity
• Judicial Discretion
• Constitutional Rights
• Section-205-subpoena

S v Saeed and Another (65/2009)

S v Saeed and Another (65/2009) [2012] ZAFSHC 153 (17 August 2012)

Court

Free State High Court, Bloemfontein

Case number

65/2009

Judge

Rampai

High Court ruling admitting hearsay evidence in a criminal trial under section 3(1)(c), after finding the evidence reliable, corroborated, and justified in the interests of justice.

• Hearsay Evidence
• Admissibility Of Evidence
• Criminal Gang Activity
• Murder
• Kidnapping
• Robbery

S v Eyssen (746/2007)

S v Eyssen (746/2007) [2008] ZASCA 97; [2009] 1 All SA 32 (SCA); 2009 (1) SACR 406 (SCA) (17 September 2008)

Court

Supreme Court of Appeal

Case number

746/2007

Judges

Streicher, Mthiyane, Cloete, Heher, Kgomo

The Supreme Court of Appeal held that the State failed to prove that the Fancy Boys gang constituted an 'enterprise' as defined in the Prevention of Organised Crime Act, or that the offences for which the appellant was convicted formed part of the affairs of such an enterprise. The evidence established only a loose association of individuals, not a structured or ongoing enterprise. The appellant was acquitted on all but three common law charges, and it was not shown that those offences were part of the gang's affairs. The evidence of the accomplice Donough was unreliable and insufficiently co…

Source excerpt

• Prevention Of Organised Crime Act
• Racketeering
• Criminal Gang Activity
• Housebreaking And Robbery
• Accomplice Evidence
• Sentencing Concurrency

S v Pashake and Another

S v Pashake and Another [2007] ZAFSHC 3 (22 January 2007)

Court

Free State High Court, Bloemfontein

Case number

233/2006

Judges

Malherbe RP, Van der Merwe R

Appeal against refusal of bail in a Schedule 5 theft case was dismissed after the High Court found both appellants to be flight risks.

• Bail Application
• Flight Risk
• Schedule 5 Offences
• Criminal Gang Activity
• Condonation Of Late Filing
• Bail-application