South Africa Case Law

Reyneveldt obo Khethabahle v Minister of Safety and Security and Another (2012/33658)

Reyneveldt obo Khethabahle v Minister of Safety and Security and Another (2012/33658) [2024] ZAGPJHC 411 (25 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2012/33658

Judge

Moorcroft

A delict claim for an alleged police shooting during a protest failed because the plaintiff did not prove on a balance of probabilities that police caused the injury.

• Unlawful Police Conduct
• Rubber Bullet Injury
• Onus Of Proof
• Failure To Call Witnesses
• Adverse Inference
• Separation Of Liability And Quantum

Makala v S (A114/2022)

Makala v S (A114/2022) [2023] ZAFSHC 283 (24 July 2023)

Court

Free State High Court, Bloemfontein

Case number

A114/2022

Judges

Naidoo, Mahlangu

The appeal succeeded because the trial court failed to properly assess the evidence, particularly the mutually destructive versions presented by the complainant and the appellant. The trial court accepted the complainant's evidence without adequate interrogation of material discrepancies, such as the absence of mention of a second rape in her police statement and medical report, and failed to call or consider the evidence of available witnesses who could have corroborated or contradicted the parties' versions. The trial court did not exercise the necessary caution required when relying on the…

Source excerpt

• Rape
• Single Witness Evidence
• Failure To Call Witnesses
• Minimum Sentencing
• Mutually Destructive Versions

Shabangu v S (A147/2018, 136/2018)

Shabangu v S (A147/2018, 136/2018) [2019] ZAGPJHC 109 (27 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A147/2018, 136/2018

Judges

S E Weiner, B Wanless

The High Court dismissed an appeal against convictions for firearm-related offences, attempted murder, and possession of ammunition, and upheld the sentence.

• Firearms Control Act
• Attempted Murder
• Possession Of Unlicensed Firearm
• Possession Of Ammunition
• Failure To Call Witnesses
• Sentencing Principles

S v Titus (C1658/2012)

S v Titus (C1658/2012) [2014] ZAWCHC 10 (10 February 2014)

Court

Western Cape High Court, Cape Town

Case number

C1658/2012

Judges

Binns-Ward, Rogers

Automatic review of a drug-possession conviction was successful because the single-witness evidence was not properly cautioned and the sentence process was irregular.

• Single Witness Rule
• Cautionary Rule
• Procedural Irregularity
• Possession Of Drugs
• Failure To Call Witnesses
• Single-witness-evidence

Mphuthi v S (A368/10)

Mphuthi v S (A368/10) [2012] ZAFSHC 93 (10 May 2012)

Court

Free State High Court, Bloemfontein

Case number

A368/10

Judges

N.W. Phalatsi, C.H.G. Van der Merwe

The High Court upheld an appeal against a rape conviction, finding material contradictions in the complainant’s evidence and insufficient support for the State case.

• Rape
• Single Witness Evidence
• Contradictory Testimony
• Credibility Of Witness
• Failure To Call Witnesses
• Criminal-appeal

S v Mbanjwa (CA&R 41/07)

S v Mbanjwa (CA&R 41/07) [2008] ZAECHC 192 (17 November 2008)

Court

High Courts - Eastern Cape

Case number

CA&R 41/07

Judges

Jansen, Goosen

The appeal failed. The court held that two uncalled witnesses were not essential under section 186, and upheld the magistrate’s findings on conviction and sentence.

• Section 186 Criminal Procedure Act
• Failure To Call Witnesses
• Credibility Of Witnesses
• Justification For Arrest
• Assessment Of Sentence
• Criminal-appeal