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South Africa decisions
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Netshishive v S (A48/2023) [2025] ZAGPJHC 515 (27 May 2025)
The High Court dismissed a criminal appeal against convictions for kidnapping, rape and breaching a protection order, finding no misdirection in the trial court.
Cawe v S (Appeal) (A253/24) [2025] ZAWCHC 289 (20 May 2025)
The High Court dismissed an appeal against a life sentence for murder, holding that no substantial and compelling circumstances justified departing from the prescribed minimum.
K.A.M and Another v S.S.M (1060/25) [2025] ZANWHC 51 (12 March 2025)
The court found that the applicants failed to establish urgency as required by Uniform Rule 6(12)(b). The delay of seven days in bringing the application was unexplained and amounted to self-created urgency. The applicants did not demonstrate that they would suffer undue hardship if the matter was not heard urgently, as they have access to other vehicles and substantial income. The dispute regarding the Toyota motor vehicle will be determined in the magistrates court on the scheduled return date, where the applicants will have substantial redress. Consequently, the application was not suitabl…
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S v Railoun (Review) (34/25) [2025] ZAWCHC 35; 2025 (1) SACR 659 (WCC) (12 February 2025)
High Court review set aside a conviction on a faulty protection-order charge, confirmed malicious damage conviction, and imposed antedated imprisonment.
S v Rooy (Review) (CA & R 15/2025) [2025] ZAECMKHC 10 (11 February 2025)
The High Court set aside a guilty conviction and sentence after finding that the accused’s section 112(2) statement did not admit all elements of the Domestic Violence Act charge.
S v Sani (R67/2024) [2024] ZAFSHC 417 (12 December 2024)
The High Court set aside a conviction and sentence on special review because the charge sheet was materially defective and service of the protection order was not properly established.
T.W.R v Q.E.T (A164/2024) [2024] ZAGPPHC 1319 (10 December 2024)
High Court appeal in a domestic violence matter upheld after the magistrates court relied on a struck-out, non-commissioned replying affidavit.
Khumalo v Minister of Police and Another (2021/7738) [2024] ZAGPJHC 1204 (22 November 2024)
The High Court found the plaintiff’s warrantless arrest and 3-day detention unlawful and awarded R150,000 in damages against the Minister of Police.
G.P v E.P (A 63/2024) [2024] ZAGPPHC 1160 (13 November 2024)
The court found that the appellant failed to present compelling evidence of harassment, psychological or economic abuse as defined by the Domestic Violence Act. The allegations of collusion and threats were speculative and unsupported by factual proof. The financial dispute over inherited funds was not appropriate for resolution under domestic violence proceedings and should be addressed through the Master of the High Court or civil litigation. The appellant's repeated applications for protection orders against the respondent, without substantiated grounds, amounted to an abuse of process. Th…
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P.N v Z.N (A2024/033757) [2024] ZAGPJHC 1105 (15 October 2024)
The High Court set aside a magistrate’s dismissal of a final protection order application and referred the matter back for viva voce evidence.
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