South Africa Case Law

S v Samson (10/2025)

S v Samson (10/2025) [2025] ZAECQBHC 19 (20 June 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

10/2025

Judge

Govindjee

The court found that the accused acted in self-defence when he shot the deceased, based on the medical evidence, the trajectory of the bullet, and the circumstances of the armed intrusion. The accused's version was reasonably possible and supported by the evidence, leading to acquittal on the murder charge. However, the accused's subsequent conduct, including kidnapping Blaauw, attempted murder by firing shots at him, and actions to defeat the ends of justice by disposing of the body and concealing evidence, were inconsistent with lawful conduct and not justified by self-defence. The court fo…

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• Self Defence
• Kidnapping
• Attempted Murder
• Defeating The Ends Of Justice
• Single Witness Credibility
• Criminal Procedure Act

Hlako and Others v S (Appeal) (AA02/2024)

Hlako and Others v S (Appeal) (AA02/2024) [2025] ZALMPPHC 88 (30 April 2025)

Court

Limpopo High Court, Polokwane

Case number

AA02/2024

Judges

Diamond, Naude-Odendaal, Pillay

The appeal court found that the trial court correctly convicted the appellants based on the direct, primary evidence provided by Gabriel and Matome, whose statements and testimonies were corroborated in all material respects. The alleged contradictions and inconsistencies raised by the appellants were either immaterial or attributable to the passage of time and did not undermine the central narrative of the prosecution's case. The court held that the defence failed to present any credible exculpatory evidence and that the trial court properly applied the principles governing the assessment of…

Source excerpt

• Murder
• Kidnapping
• Defeating The Ends Of Justice
• Assessment Of Witness Credibility
• Contradictory Evidence
• Section 204 Witnesses

S v Kgwedi (SS67/2023)

S v Kgwedi (SS67/2023) [2024] ZAGPJHC 511 (14 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS67/2023

Judge

Mabesele

The High Court set aside guilty pleas to murder, attempted murder and kidnapping, convicting the accused only of defeating the ends of justice and imposing an effective 7-year sentence.

• Defeating The Ends Of Justice
• Plea And Sentence Agreement
• Accessory Liability
• Fair Trial Rights
• Defeating-the-ends-of-justice
• Plea-agreement

S v van der Westhuizen and Others (72/2016)

S v van der Westhuizen and Others (72/2016) [2024] ZAFSHC 18; 2024 (1) SACR 525 (FB) (15 January 2024)

Court

Free State High Court, Bloemfontein

Case number

72/2016

Judge

Van Zyl

The court held that five section 204 witnesses did not qualify for discharge, but Gawie Coetzer did, after finding only his evidence was frank and honest.

• Criminal Procedure Act Section 204
• Accomplice Evidence
• Indemnity Inquiry
• Murder
• Defeating The Ends Of Justice
• Criminal-procedure-act-section-204

Nkosi v S (Appeal) (AR 368/21)

Nkosi v S (Appeal) (AR 368/21) [2023] ZAKZPHC 133 (3 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 368/21

Judges

Mngadi, Davis

The High Court upheld an appeal against convictions for corruption and defeating the ends of justice, setting aside both convictions and sentences.

• Corruption
• Defeating The Ends Of Justice
• Admission Of Guilt Fine
• Accomplice Evidence
• Duplication Of Charges
• Defeating-the-ends-of-justice

S v Zikhali (CC15/23)

S v Zikhali (CC15/23) [2023] ZAGPPHC 1847 (7 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC15/23

Judge

Cox

The court found that the only admissible evidence was the testimony of the deceased's mother, Sgt Thenga, and two video clips. The CCTV footage merely showed the accused and the deceased walking in proximity, without any interaction or indication that the accused accompanied the child. The circumstantial evidence was insufficient to draw the inference that the accused was the last person with the deceased or responsible for the offences. There was no evidence upon which a reasonable person could convict the accused on counts 3 to 6. Accordingly, the application for discharge under section 174…

Source excerpt

• Circumstantial Evidence
• Section 174 Discharge
• Kidnapping
• Murder
• Defeating The Ends Of Justice
• Violation Of Corpse

Mphanama v S (1107/2020)

Mphanama v S (1107/2020) [2022] ZASCA 11 (24 January 2022)

Court

Supreme Court of Appeal

Case number

1107/2020

Judges

Zondi, Hughes, Weiner, Unterhalter, Molefe

Appeal against fraud and justice-related convictions partly succeeded. Fraud convictions stood; the conviction for reducing a traffic fine was set aside.

• Fraud
• Defeating The Ends Of Justice
• Criminal Procedure Act
• Motor Vehicle Benefit Scheme
• Onus Of Proof
• Admission Of Guilt Fines

Sothoane v S (A150/2020)

Sothoane v S (A150/2020) [2021] ZAFSHC 62 (25 March 2021)

Court

Free State High Court, Bloemfontein

Case number

A150/2020

Judges

Reinders, Opperman

The High Court upheld an appeal against theft and defeating-the-ends-of-justice convictions, finding the complainant’s single-witness evidence insufficient.

• Single Witness Testimony
• Theft
• Defeating The Ends Of Justice
• Burden Of Proof
• Credibility Of Witnesses
• Single-witness-testimony

Sothoane v S (A150/2020)

Sothoane v S (A150/2020) [2021] ZAFSHC 75 (25 March 2021)

Court

Free State High Court, Bloemfontein

Case number

A150/2020

Judges

Reinders, Opperman

The High Court upheld an appeal against convictions for theft and defeating the ends of justice, finding the complainant’s uncorroborated evidence insufficient.

• Theft
• Defeating The Ends Of Justice
• Single Witness Testimony
• Burden Of Proof
• Defeating-the-ends-of-justice
• Single-witness-testimony

S v Tsabane (CC10/2020)

S v Tsabane (CC10/2020) [2021] ZAGPPHC 217 (22 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

CC10/2020

Judge

Broodryk

The High Court sentenced the accused to 25 years for murder and 5 years for defeating justice, finding no substantial and compelling circumstances.

• Murder
• Minimum Sentences
• Defeating The Ends Of Justice
• Sentencing Principles
• Aggravating Factors
• Minimum-sentences