South Africa Case Law

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A55/2023

Judges

Van Leeve, Ndita

The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment
• Delay In Reporting
• Pre-sentence Detention

Magoloza v S (A228/2021)

Magoloza v S (A228/2021) [2024] ZAWCHC 176 (18 June 2024)

Court

Western Cape High Court, Cape Town

Case number

A228/2021

Judges

N Mangcu-Lockwood, M I Samela

The High Court dismissed an appeal against rape convictions and life imprisonment, finding the complainant’s evidence credible and no substantial and compelling circumstances.

• Rape Of Minor
• Minimum Sentencing
• Single Witness Evidence
• Delay In Reporting
• Medical Evidence
• Substantial And Compelling Circumstances

Abrahams v S (A188/2022)

Abrahams v S (A188/2022) [2024] ZAWCHC 147 (20 May 2024)

Court

Western Cape High Court, Cape Town

Case number

A188/2022

Judges

Kusevitsky, Francis, Bremridge

The court found that the complainant's evidence was consistent, detailed, and credible, despite her being a single child witness and the delay in reporting the offence. The court accepted that the complainant's inability to recall the exact date of the incident was reasonable given her age and the trauma experienced. The medical evidence corroborated her account of penetration, and her behaviour following the incident was consistent with established psychological responses to sexual assault. The appellant's alibi was not supported by the evidence, as the period of incarceration did not conclu…

Source excerpt

• Rape Of Minor
• Single Witness Evidence
• Delay In Reporting
• Alibi Defence
• Sexual Offences Act
• Child Witness Caution

S v Ndlangamandla

S v Ndlangamandla [2023] ZAGPPHC 418; A145/2022 (24 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A145/2022

Judges

Swanepoel, Cowen

High Court appeal against rape convictions and life sentence dismissed; delay in reporting and alleged false implication did not displace corroborated evidence.

• Rape Of A Minor
• Minimum Sentencing
• Delay In Reporting
• False Implication
• Appellate Review Of Sentence
• Rape-of-a-minor

S.J v S (CA&R 26/21)

S.J v S (CA&R 26/21) [2022] ZAECBHC 44; 2023 (1) SACR 380 (ECB) (6 December 2022)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 26/21

Judges

I.T. Stretch, L. Rusi

Appeal against rape convictions upheld after the court found material misdirections, inadmissible child-witness evidence, and unreliable, inconsistent testimony.

• Sexual Offences
• Single Witness Evidence
• Delay In Reporting
• Admissibility Of Child Testimony
• Fair Trial Rights
• Sexual-offences

Piyose v S (A72/2021)

Piyose v S (A72/2021) [2022] ZAGPJHC 570 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A72/2021

Judges

Crutchfield, Mdalana-Mayisela

Appeal against rape convictions and 20-year sentence dismissed. The court held the incomplete record caused no prejudice and the complainant’s evidence was credible.

• Rape Of Minor
• Single Witness Evidence
• Incomplete Record On Appeal
• Credibility Of Complainant
• Sentencing Principles
• Delay In Reporting

Ntentile v S (C.A &R 240/2021)

Ntentile v S (C.A &R 240/2021) [2022] ZAECMKHC 30 (31 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

C.A &R 240/2021

Judges

Rawjee, Norman

The High Court dismissed an appeal against rape conviction and life sentence after finding the complainant’s evidence was corroborated and the delay in reporting was reasonable.

• Rape Of Minor
• Sentencing Principles
• Delay In Reporting
• Credibility Of Witnesses
• Rape-of-minor
• Criminal-appeal

Bodumele v S (CA&R13/20)

Bodumele v S (CA&R13/20) [2020] ZANCHC 53 (21 August 2020)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 13/20

Judges

APS Nxumalo, CC Williams

The High Court dismissed an appeal against a rape conviction and life sentence, finding the complainant credible, the appellant's version improbable, and no substantial compelling circumstances.

• Rape
• Sexual Offences Act
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Single Witness Rule
• Delay In Reporting

Madube v S (A116/2015)

Madube v S (A116/2015) [2019] ZAGPPHC 277 (14 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

A116/2015

Judges

Molopa-Sethosa, Collis

Appeal against rape conviction and 20-year sentence dismissed. The High Court held the child complainant was credible, contradictions were minor, and the sentence fit the offence.

• Rape Of Minor
• Single Witness Caution
• Minimum Sentencing
• Credibility Assessment
• Delay In Reporting
• Appeal On Sentence

Mazitshana v S (CA&R300/2017)

Mazitshana v S (CA&R300/2017) [2019] ZAECGHC 41 (2 April 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R300/2017

Judges

NG Beshe, GNZ Mjali

The High Court upheld rape convictions against a traditional healer but reduced the sentence on count 2 to 15 years, finding the life sentence unlawful.

• Rape
• Child Witness Evidence
• Minimum Sentencing
• Traditional Healing Defence
• Delay In Reporting
• Appeal Against Sentence