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South Africa decisions
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Buthelezi v Road Accident Fund (17468/2021) [2024] ZAGPPHC 351 (12 April 2024)
The court dismissed a Road Accident Fund claim where the plaintiff failed to plead specific injuries or prove loss, and the expert reports were unreliable.
Z.N.N v Road Accident Fund (A104 / 2019) [2022] ZAMPMBHC 12 (10 March 2022)
The appeal against a damages award was dismissed after the court held that an unchallenged expert report could be relied on and that damages were properly assessed.
LR and Another v S (A333/2017) [2018] ZAFSHC 219; 2019 (2) SACR 216 (FB) (14 December 2018)
The trial court failed to rule on the admissibility of hearsay and confession evidence, which is a fundamental procedural safeguard. The confession by the second appellant was inadmissible against both accused under section 219 of the Criminal Procedure Act. The hearsay evidence was provisionally admitted but not confirmed by the witnesses, and the trial court did not make any ruling on its admissibility. The complainant's evidence, while detailed and consistent, was not sufficiently corroborated by admissible evidence. The conviction for attempted rape was not supported by the facts, as the…
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Smit v S (CA&R43/2016) [2016] ZANCHC 11 (4 August 2016)
The appeal succeeded because the prosecution failed to present admissible evidence that the complainant was under the age of 16 at the time of the alleged offence, an essential element of the charge under section 15(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. The only evidence regarding age was the complainant's own statement, which is hearsay and inadmissible. The presence of the complainant's parent in court was not utilized to provide direct evidence of age. Additionally, the defence witnesses' testimony regarding the timeline was not properly considered, an…
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Thebe v S (A190/2014) [2015] ZAFSHC 11 (29 January 2015)
The High Court dismissed an appeal against a murder conviction and 15-year sentence, finding the prosecution witnesses credible and no mitigating provocation or youth.
Tshakwata and Another v S (522/13) [2014] ZASCA 45 (31 March 2014)
The Supreme Court of Appeal upheld an appeal against murder convictions, finding the co-accused statements inadmissible against the appellants and the evidence insufficient.
Maneli v S - Appeal Judgment (CA&R 04/2012) [2013] ZAECBHC 5 (27 May 2013)
Appeal court set aside convictions on counts 3 and 4, upheld counts 1, 2 and 15, and reduced the sentences after finding the original sentence excessive.
S v Carstens (1486/2009) [2011] ZAWCHC 98; 2012 (1) SACR 485 (WCC) (26 April 2011)
High Court review set aside a theft conviction based on hearsay evidence, confirmed a housebreaking conviction, and suspended the six-month sentence for five years.
Keswa v S (A955/2007) [2009] ZAGPPHC 332 (29 September 2009)
The High Court dismissed an appeal against convictions for armed robbery, murder, attempted murder and firearm offences, and upheld a life sentence.
National Director of Public Prosecutions v Mamdou (12099/2007) [2008] ZAWCHC 101 (31 January 2008)
The court dismissed most of a strike-out application against a replying affidavit, holding that the respondent had already dealt with the documents and no meaningful prejudice was shown.
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