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South Africa decisions
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Nowtham v S (A2025/091731) [2025] ZAKZDHC 50 (7 August 2025)
Appeal against a bail refusal in a Schedule 6 murder case was dismissed. The High Court held that the magistrate correctly found no exceptional circumstances.
Mangala and Another v Minister of Police (2384/2020 ; 2385/2020) [2024] ZAECMKHC 122 (8 October 2024)
The court found that the first arrest of the plaintiff was lawful under section 40(1)(a) of the Criminal Procedure Act, as the police discovered an illegal firearm and ammunition in the vehicle occupied by the plaintiff and his brother, and both denied knowledge of the firearm. The arrest occurred in the presence of police officers, satisfying the statutory requirements. The second arrest was also found lawful under section 40(1)(b), as the police had reasonable suspicion based on the dying declaration implicating the plaintiff and his brother, their presence in the Eastern Cape during the re…
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S v Tsiane and Another (CC41/2023) [2024] ZAGPPHC 469 (17 April 2024)
The court found that both accused planned and executed the murder of the deceased, acting in common purpose. The dying declarations made by the deceased to his sister and another witness were admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration from independent witnesses and forensic evidence. The accused's explanations were rejected as untruthful and unreliable, with the court finding that their versions were not reasonably possibly true. The evidence established that the accused assaulted the deceased, poured paraffin on him, an…
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Bless v S (A234/2022) [2023] ZAWCHC 40 (15 February 2023)
The High Court dismissed a murder conviction appeal, finding the identification evidence reliable and the appellant’s alibi not reasonably possibly true.
Sigcawu v S (A47/2021) [2021] ZAWCHC 137; 2022 (1) SACR 77 (WCC) (28 July 2021)
The court held that the regional magistrate did not misdirect herself in admitting and relying on the deceased's dying declaration as hearsay evidence. The appellant, represented by counsel, did not object to the admission of this evidence, which amounted to consent under section 3(1)(a) of the Law of Evidence Amendment Act. Even if section 3(1)(c) were considered, the interests of justice supported the admission of the evidence, given its reliability, corroboration by independent witnesses, and the absence of any cogent reason for the deceased to falsely implicate the appellant. The evidence…
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S v Mabape (CC3/2019) [2019] ZAGPPHC 1110 (27 November 2019)
The court found that the accused was the last person seen with the deceased, placed himself at the scene, and confirmed key aspects of the State witnesses' evidence. The dying declaration made by the deceased to her sister Pozi was admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration and reliability. The accused's own admissions and conduct after the incident, including his statement that he was scared because he had killed a person, further supported the State's case. The evidence of repeated physical abuse and the accused's acti…
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Pipers v S (A316/2008) [2008] ZAWCHC 293 (14 November 2008)
The appeal court found that the trial court erred in admitting the hearsay evidence of Frieda Lesch as a dying declaration without considering the statutory requirements and the interests of justice. There was no evidence that the deceased was under a settled expectation of death when making the statement, nor was there clarity on the time between the statement and death. The trial court failed to properly assess the credibility of the witnesses and did not provide reasons for rejecting the accused's alibi. The only direct evidence against the appellant was the uncorroborated testimony of the…
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S v Mzizi (CC 7/2001) [2007] ZANWHC 33 (19 July 2007)
High Court granted condonation and made a special entry on whether the deceased’s dying declaration, “That’s Gugu,” was inadmissible hearsay.
Yona v Rakotsoane (1177/2004) [2004] ZAFSHC 84 (5 August 2004)
The court held that the deceased’s written dying declaration validly expressed a wish to be buried at Philippolis, and dismissed the widower’s application.
S v Bhacela (SS49/2000) [2000] ZAGPHC 21 (14 August 2000)
The High Court convicted the accused of murder and firearms offences, accepting witness evidence and admitting dying declarations as corroborative hearsay.
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