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South Africa decisions
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Masipa v S (Appeal) (A208/2023) [2025] ZAGPPHC 602 (4 June 2025)
The High Court upheld the appeal, set aside the murder conviction and sentence, and held that common purpose and dolus eventualis were not proved.
De Bruin v S (Leave to Appeal) (KS21/2020) [2025] ZANCHC 43 (23 May 2025)
Leave to appeal against a murder conviction and sentence was dismissed. The court found no reasonable prospect that another court would reach a different result.
Sekabate v S (1223/2023) [2025] ZASCA 49 (25 April 2025)
The Supreme Court of Appeal set aside Thabo Joseph Sekabate’s murder conviction and sentence, finding the State had not proved the fatal stabbing beyond reasonable doubt.
S v Beale (SS10/2021) [2025] ZAGPJHC 209 (4 March 2025)
The court found that the State failed to prove, beyond reasonable doubt, that Professor Beale intentionally or negligently caused the deaths of the children or committed fraud. The evidence established that Beale acted in accordance with his clinical judgment and that there was a reasonable body of paediatric surgeons who would have reached similar conclusions regarding the necessity of the procedures. The State's expert evidence was found to be unreliable and inconsistent, particularly given prior findings by the HPCSA exonerating Beale. There was no credible evidence of financial motive, an…
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S v J.J.L (KS19/24) [2025] ZANCHC 33 (28 January 2025)
The Northern Cape High Court convicted the accused of murder and multiple assaults, rejecting self-defence claims and finding the State proved premeditated murder on Count 8.
Bomvana v S (AR 66/23) [2024] ZAKZPHC 124 (20 December 2024)
The High Court dismissed a murder appeal arising from a road-rage shooting, rejecting putative self-defence and confirming a 10-year sentence.
Koji v Director of Public Prosecutions (628/2018) [2024] ZANWHC 297; [2025] 1 All SA 680 (NWM) (5 December 2024)
The court found that at the time the National Prosecuting Authority decided to prosecute Koji, there was no affidavit or evidence in the docket that could establish reasonable and probable cause. The key statements relied upon by the prosecution were either not commissioned or only commissioned after the prosecution was initiated, and thus could not have formed the basis for the decision to prosecute. The additional witness statements were also commissioned after the fact. The prosecutors could not have subjectively or objectively believed in Koji's guilt, and their conduct amounted to acting…
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Bruni N.O and Another v Daytona Group Holding (Pty) Limited and Others (2021/59310) [2024] ZAGPJHC 1179 (18 November 2024)
The court held that the plaintiffs' particulars of claim sufficiently allege that the first and second defendants appropriated the stolen monies with the requisite intent, specifically dolus eventualis, by knowingly receiving funds not due to them and failing to return them. The pleadings establish that the defendants acted as 'takers' for purposes of the condictio furtiva, even though the funds were received via a conduit entity and may have been co-mingled. The court found that the character of the funds as stolen property was adequately pleaded and that these issues should be determined at…
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Kock v S (A174/2024) [2024] ZAWCHC 363 (24 October 2024)
Appeal against a murder conviction and 15-year sentence dismissed. The court upheld dolus eventualis and found no self-defence or basis to depart from minimum sentencing.
S v Masukunya (Sentence) (CC82/2023) [2024] ZAGPPHC 1043 (14 October 2024)
The accused was convicted of murder with dolus eventualis in the death of a 9-year-old child and sentenced to 25 years’ imprisonment, with firearm disqualification ordered.
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