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South Africa decisions
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S v Beja (CC18/21) [2024] ZAWCHC 102 (18 April 2024)
High Court sentencing in a gang-related mass shooting imposed life terms for seven murders, five years for attempted murder counts, and 15 years for firearm offences.
S v Beja and Another (CC18/21) [2023] ZAWCHC 295 (22 November 2023)
The court found that the State proved the identity of the accused beyond reasonable doubt, relying on the credible and reliable evidence of Mr X, who knew the accused personally and observed them during the commission of the offences. The court rejected the alibi defences as not reasonably possibly true, noting the lack of independent corroboration and inconsistencies in the accused's versions. The context of gang rivalry and extortion in Khayelitsha explained both the motive for the attack and the reluctance of other witnesses to testify. The court held that the evidence accounted for all ma…
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Conradie v S (A248/2020) [2020] ZAWCHC 177 (11 December 2020)
The court held that the magistrate correctly applied the statutory and constitutional framework governing bail for Schedule 6 offences. The appellant failed to establish exceptional circumstances justifying release, as required by s 60(11)(a) of the Criminal Procedure Act. The magistrate properly considered the strength of the state's case, including identification evidence and the appellant's gang involvement, as well as his criminal record and the nature of the charges. The appellant's personal circumstances and alibi did not outweigh the interests of justice or the risks posed by his relea…
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Jansen v S (CA&R220/18) [2019] ZAECGHC 105; 2020 (1) SACR 413 (ECG) (29 October 2019)
The court found that the trial court's factual findings and credibility assessments were sound and not vitiated by any misdirection. The evidence established that the appellant was in possession of a semi-automatic firearm and ammunition, and his version was correctly rejected as false. The minimum sentencing regime under section 51(2) of the Criminal Law Amendment Act applies to convictions under the Firearms Control Act, as confirmed by Supreme Court of Appeal and Constitutional Court authority. The appellant's personal circumstances, including his age, employment, and time spent in custody…
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S en Baadjies (CC10/2016) [2016] ZAECPEHC 45 (10 August 2016)
The court found that the murders were premeditated and gang-related, committed with full awareness and intent. The accused's youth and economic activity, while considered, did not amount to substantial and compelling circumstances as required by the statute. The reckless attack on a police officer further aggravated the seriousness of the offences. The court emphasized the need to send a strong message against such criminal conduct and found no justification to depart from the minimum sentence prescribed by law. Accordingly, life imprisonment was imposed for the murder charges, with additiona…
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Everts v S (A497/10) [2011] ZAWCHC 246 (31 May 2011)
The court held that although the appellant did not personally commit the actus reus of rape, he actively and knowingly assisted Accused 6 in the commission of the offence by restraining the complainant and facilitating the rape. The appellant's conduct amounted to accomplice liability, and under South African law, an accomplice may be convicted of the main offence if his participation is established. The court rejected the argument that a distinction must always be made in the charge sheet between perpetrators and accomplices, noting that practical realities often prevent such distinctions. T…
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S v Jack en Anders (SS112/05) [2010] ZAWCHC 344 (7 December 2010)
The court discharged accused 5 under section 174, finding the accomplice evidence against him was uncorroborated, inconsistent, and insufficient for conviction.
Moosa and Others v S (SS138/2005) [2009] ZAWCHC 149 (4 September 2009)
Sentencing judgment for three accused convicted of four murders, attempted murder, and firearm offences arising from a mass shooting in Cape Town.
S v Booysen and Andere (SS60/2002) [2003] ZAWCHC 32 (22 July 2003)
The court found that the State presented credible and corroborated evidence placing accused one, two, and three at the scene of the shooting, armed and actively participating in the attack. The identifications were made under good lighting conditions by witnesses familiar with the accused. The alibi defences were rejected as improbable and unsupported by reliable testimony. The court dismissed allegations of a conspiracy among witnesses, finding no credible basis for such claims. Ballistic and forensic evidence further corroborated the presence and actions of the accused. The court concluded…
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S v Stuurman en Andere (487/91) [1992] ZASCA 34 (23 March 1992)
The Appellate Division confirmed death sentences for four inmates convicted of a premeditated, brutal prison murder with no sufficient mitigation.
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