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South Africa decisions
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Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)
The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
Van Jaarsveld v S; Ras v S (1105/2023; 885/2024) [2025] ZASCA 92 (20 June 2025)
The Supreme Court of Appeal found that section 298 of the Criminal Procedure Act does not empower a trial court to alter a verdict after it has been pronounced; any such amendment constitutes a material misdirection. The trial court erred in convicting Van Jaarsveld on forgery after initially acquitting him, and this conviction was set aside. Regarding sentence, the Court held that both trial courts failed to adequately consider the appellants' personal circumstances, the impact on minor children, and the cumulative effect of sentences. The sentences imposed were found to be unduly harsh and…
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S v Hlungwani (A154/2024) [2025] ZAGPPHC 645 (12 June 2025)
The Court held that the Regional Court erred in granting a discharge under Section 174 of the Criminal Procedure Act, as the State had presented sufficient evidence to establish a prima facie case of fraud and procurement irregularities. The unchallenged testimony regarding the backdating of the deviation letter and the misrepresentation to police officials required an answer from the accused. The Court further found that a purposive interpretation of the National Treasury Practice Note requires reasons for deviation to be approved before payment is made, and that personal benefit is not a ne…
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Monareng N.O v Ntuli and Others (2024/063283) [2025] ZAGPJHC 546 (4 June 2025)
The High Court dismissed an urgent application to set aside the respondents’ appointment as members of a close corporation, finding no fraud, no invalidity, and no urgency.
S v Boomgaard (CC21/2024) [2025] ZAGPPHC 516 (16 May 2025)
The court convicted the accused of premeditated murders, robbery with aggravating circumstances, theft, and fraud, relying on strong circumstantial, forensic, and electronic evidence.
Unlimited Group (Pty) Ltd v Mamogale (D13829/2023) [2025] ZAKZDHC 14 (30 April 2025)
The court dismissed a rescission bid, holding that the applicant failed to prove fraud or new evidence after a sequestration application was refused.
Singh v S (A106/2024) [2025] ZAGPJHC 496 (19 March 2025)
The High Court dismissed Rushil Singh’s bail appeal on new facts, finding the alleged new material did not justify release and that he remained a flight risk.
Mpofu v S (Bail Appeal) (CAB2/2025) [2025] ZANWHC 143 (10 March 2025)
The court held that the magistrate did not err in refusing bail. The applicant failed to establish sufficient family, emotional, or community ties to South Africa, did not provide satisfactory evidence regarding his assets or employment prospects, and admitted possession of a fraudulent permanent residence permit. The seriousness of the charges and the lack of valid documentation increased the risk of absconding. The applicant's arguments regarding previous cooperation and withdrawal of charges in Pretoria did not outweigh the concerns about flight risk. The court found no misdirection by the…
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S v Beale (SS10/2021) [2025] ZAGPJHC 209 (4 March 2025)
The court found that the State failed to prove, beyond reasonable doubt, that Professor Beale intentionally or negligently caused the deaths of the children or committed fraud. The evidence established that Beale acted in accordance with his clinical judgment and that there was a reasonable body of paediatric surgeons who would have reached similar conclusions regarding the necessity of the procedures. The State's expert evidence was found to be unreliable and inconsistent, particularly given prior findings by the HPCSA exonerating Beale. There was no credible evidence of financial motive, an…
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Foursight IT Business Solutions (Pty) Ltd v Department of Home Affairs and Another (024313/23) [2025] ZAGPPHC 248 (3 March 2025)
The High Court dismissed Foursight’s challenge to the cancellation of its IT services contract, holding the pleaded case was not a PAJA review and no damages claim was before it.
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