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South Africa decisions
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Nakumba v S - Appeal (A59/2022) [2023] ZAWCHC 277; 2024 (1) SACR 81 (WCC) (10 November 2023)
The High Court partly upheld an appeal in a criminal matter, setting aside several convictions for lack of proof and reducing the attempted robbery sentence to seven years.
Tsolo v S (A26/2021) [2021] ZAGPPHC 708 (17 September 2021)
The High Court dismissed an appeal against convictions for murder, robbery with aggravating circumstances, and possession of a dangerous weapon.
Lebaloa v S (A583/17) [2021] ZAGPPHC 400 (17 June 2021)
The appeal court found that the trial court correctly convicted the appellant based on both direct and circumstantial evidence. The appellant was identified as the person who threatened and stabbed the complainants, and the firearm and knife were found in his jacket. The ballistic report and appellant's consent established the firearm as semi-automatic, satisfying the requirements for the minimum sentence. The charge-sheet and record showed the appellant was informed of the minimum sentencing provisions before plea. The trial court considered the appellant's personal circumstances and time sp…
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S v Yawa (55/2014) [2014] ZAFSHC 62 (12 May 2014)
The High Court set aside a section 170(2) enquiry and an admission of guilt fine, finding the proceedings unfair, biased, and procedurally defective.
Maja v S (A287/2010) [2012] ZAFSHC 57 (5 April 2012)
The High Court dismissed the appeal against conviction but upheld the appeal against sentence, substituting 6 years’ imprisonment with 3 years, backdated to 29 March 2010.
S v Thunzi and Another (CCT 81/09) [2010] ZACC 27 (2 December 2010)
The Constitutional Court found that, while parallel legislation regulating dangerous weapons exists in the former homelands, none of the offending provisions are currently operational due to the withdrawal of activating notices. Parliament and the Minister have undertaken to introduce uniform legislation in the 2011 session. Given this undertaking and the inoperative status of the statutes, it is not in the interests of justice to declare the legislation unconstitutional or to grant immediate relief. Instead, the matter is postponed to allow Parliament and the Minister to report on steps take…
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Ngabase and Another v S (CA&R 86/2010) [2010] ZAECGHC 112; 2011 (1) SACR 456 (ECG) (25 November 2010)
The trial magistrate failed to provide adequate reasons for the convictions, particularly on the dangerous weapons charges, and did not properly evaluate the evidence or make credibility findings regarding the appellants. The appellate court, therefore, reassessed the evidence and found that the convictions for robbery were supported by reliable identification and corroborative testimony, especially from the accomplice and state witnesses. However, there was no evidence to support the convictions for possession of dangerous weapons, as the definition in the Act excludes firearms and no witnes…
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S v Soxunjwa [2010] ZAECGHC 71 (20 August 2010)
The High Court dismissed a criminal appeal against conviction and sentence, upholding identification evidence, rejecting an alibi defence, and confirming an 11-year custodial sentence.
S v Mokwaledi [2010] ZAFSHC 39 (22 April 2010)
The court held that the magistrate erred in applying section 4(1) of the Dangerous Weapons Act based on the accused's age at conviction rather than at the time of the offence. The accused was 17 years old when the robbery was committed, and therefore the Act applies. The sentence of seven years' imprisonment was deemed inappropriate given the accused's status as a first offender and his age at the time of the crime. The court considered aggravating factors, including the use of a knife and serious injuries to the complainant, as well as the substantial amount stolen. However, the mitigating f…
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Maseti v S (CA&R 187/09) [2009] ZAECGHC 68 (30 October 2009)
Criminal appeal turned on whether identification evidence was reliable enough to support a robbery conviction; the court found it was not and acquitted the appellant.
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