South Africa Case Law

S.M v S (Appeal) (A14/2025)

S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)

Court

Western Cape High Court, Cape Town

Case number

A14/2025

Judges

J Cloete, N C De Jager

The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…

Source excerpt

• Sexual Offences
• Minimum Sentence Legislation
• Evidence Of Single Witness
• Consent In Sexual Offences
• Child Victim
• Appeal Against Conviction And Sentence

Alam v S (A354/2010)

Alam v S (A354/2010) [2011] ZAWCHC 226; 2011 (2) SACR 553 (WCC) (13 May 2011)

Court

Western Cape High Court, Cape Town

Case number

A354/2010

Judges

Cloete, Bozalek

The court held that the appellant's appeal was properly before it due to the timing of the conviction and sentence, which fell within the period when persons sentenced to life imprisonment by a regional court could appeal without leave. On the merits, the court found that the complainant's evidence, supported by forensic and medical testimony, was credible and sufficient to prove the appellant's guilt beyond reasonable doubt for abduction and three counts of rape, but not for the fourth rape count in the hut. The court found that the magistrate misdirected himself by failing to consider the a…

Source excerpt

• Rape
• Abduction
• Minimum Sentencing Legislation
• Substantial And Compelling Circumstances
• Evidence Of Single Witness
• Appeal Procedure

Goodal v S (A392/10)

Goodal v S (A392/10) [2011] ZAWCHC 96 (26 April 2011)

Court

Western Cape High Court, Cape Town

Case number

A392/10

Judges

Saldanha, Allie, Blignaut

The High Court set aside two rape convictions, acquitted the appellant on one count, and substituted a conviction under section 14(1)(a) of the Sexual Offences Act on the second.

• Sexual Offences Act
• Evidence Of Single Witness
• Intellectual Disability
• Sentencing Guidelines
• Child Victim
• Rape Vs Statutory Sexual Offence