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South Africa decisions
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S v Sibiya (SS95/2009) [2018] ZAGPJHC 136 (20 April 2018)
Leave to appeal was granted in a murder and firearm case where the conviction rested on an alleged confession to a single witness years after the killing.
S v Dayimani (462/89) [1990] ZASCA 32 (29 March 1990)
The majority held that the appellant's confession and pointing out, coupled with the evidence that a woman was burnt in the Woolfson stadium and no other similar incident occurred during the relevant period, were sufficient to confirm his guilt under section 209 of the Criminal Procedure Act. The trial court was entitled to accept the contemporaneous notes and testimony of Captain Gouws over the less detailed recollection of Constable Mzana. The appellant's denial and allegations of torture were rejected as unconvincing. No extenuating circumstances were established, and the sentence was uphe…
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