South Africa Case Law

Mabuza v S (A861/2013)

Mabuza v S (A861/2013) [2014] ZAGPPHC 289 (29 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A861/2013

Judges

TM Makgoka, PD Moseamo

The appeal court found that there were significant internal inconsistencies and contradictions between the complainant's evidence and Mahlangu's statement, which the trial court failed to properly consider. The trial court engaged in speculation rather than basing its findings on the facts before it, constituting a material misdirection. The number and nature of the contradictions cast doubt on the reliability of the State's case and the credibility of its witnesses. Furthermore, the existence of prior conflict between the complainant and the appellant provided a motive for false implication,…

Source excerpt

• Robbery With Aggravating Circumstances
• Appeal Procedure
• Evidentiary Contradictions
• Reasonable Doubt

S v August and Another (01/08)

S v August and Another (01/08) [2011] ZANCHC 14 (26 August 2011)

Court

Northern Cape High Court, Kimberley

Case number

01/08

Judges

Tlaletsi, Pakati

The High Court dismissed a criminal appeal against convictions for dealing in Mandrax, finding the state witness contradictions were not material and the convictions were safe.

• Drug Trafficking
• Criminal Procedure Act
• Evidentiary Contradictions
• Onus Of Proof
• Police Trap Operations
• Drug-trafficking

S v Guman (73/89)

S v Guman (73/89) [1990] ZASCA 122 (28 September 1990)

Court

Supreme Court of Appeal

Case number

73/89

Judges

Van Heerden, Milne, Steyn

The court dismissed a criminal appeal against convictions for buying and possessing unwrought gold and possessing an unpolished diamond.

• Unlawful Possession Of Gold
• Unlawful Possession Of Diamond
• Mining Rights Act
• Diamonds Act
• Evidentiary Contradictions
• Onus Of Proof