South Africa Case Law

Shima and Another v S (A148/2022)

Shima and Another v S (A148/2022) [2025] ZAGPPHC 190 (25 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A148/2022

Judges

Khumalo, Ally

The appeal court found that the trial court had properly applied the cautionary rule to the single evidence of Mkhize, who was able to identify the appellants due to prior acquaintance and observed them in broad daylight near the scene of the crime. The circumstantial evidence, including the sequence of events, the post mortem report, and corroboration by other witnesses, supported the trial court's findings. The appellants' denials and alibi evidence were found to be inconsistent and not reasonably possibly true. The inspection in loco confirmed that Mkhize could have observed the events as…

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• Premeditated Murder
• Single Witness Evidence
• Cautionary Rule
• Identification
• Circumstantial Evidence
• Appeal Standard

Ceboni v S (SS25/2023)

Ceboni v S (SS25/2023) [2024] ZAGPJHC 1172 (19 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS25/2023

Judge

Yacoob

The High Court granted condonation for a late leave to appeal application, but refused leave on most counts, granting it only for count 4.

• Leave To Appeal
• Single Witness Evidence
• Identification
• Contradictory Testimony
• Armed Robbery
• Murder

Kgatlhane v S (CA10/2024 ; RCA27/2018)

Kgatlhane v S (CA10/2024 ; RCA27/2018) [2024] ZANWHC 215; [2024] 4 All SA 542 (NWM) (23 August 2024)

Court

North West High Court, Mafikeng

Case number

CA 10/2024

Judges

A B Scarrott, M Morgan

The appeal succeeded on five counts because DNA evidence did not properly link the appellant to those offences; count 2 rape conviction and sentence were upheld.

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Appeal Procedure
• Chain Of Evidence
• Identification

Thwala v S (A190/2023)

Thwala v S (A190/2023) [2024] ZAGPPHC 642 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A190/2023

Judges

Baloyi-Mere, Neukircher

The High Court dismissed an appeal against a rape conviction and 15-year sentence, finding the complainant credible, corroborated, and the alibi unconvincing.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Single Witness Cautionary Rule
• Identification
• Alibi Defence
• Sentencing Discretion

Maremagae v S (CA 02/20)

Maremagae v S (CA 02/20) [2024] ZANWHC 81 (19 March 2024)

Court

North West High Court, Mafikeng

Case number

CA 02/20

Judges

B Roux, A Reddy

Criminal appeal dismissed where DNA evidence, complainant testimony, and medical reports were held sufficient to prove rape and robbery beyond reasonable doubt.

• Rape
• Robbery With Aggravating Circumstances
• Dna Evidence
• Identification
• Sentencing Principles
• Criminal-appeal

Mbele v S (A91/2023)

Mbele v S (A91/2023) [2024] ZAFSHC 56 (22 February 2024)

Court

Free State High Court, Bloemfontein

Case number

A91/2023

Judges

Chesiwe, Lekhoaba

The High Court dismissed an appeal against murder conviction and sentence, holding that a child witness’s evidence was reliable and the life sentence was justified.

• Murder
• Single Witness Evidence
• Child Witness
• Minimum Sentencing
• Identification
• Gender Based Violence

Thwala v S (A175/2023)

Thwala v S (A175/2023) [2024] ZAGPPHC 224 (29 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A175/2023

Judges

Moshoana, Neukircher, Baqwa

The court found that the identification of the appellant by the single eyewitness, Maseko, was reliable and corroborated by fingerprint evidence, which placed the appellant at the scene of the crime. The appellant's alibi was proven false beyond reasonable doubt, as he failed to provide a plausible explanation for the presence of his fingerprints on the vehicle. The contradictions in State witness testimony were immaterial and did not affect the credibility of the evidence. The doctrine of common purpose applied to the attempted robbery conviction, as the appellant and his co-assailants acted…

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• Single Witness Evidence
• Identification
• Alibi
• Common Purpose
• Minimum Sentences
• Firearms Control Act

Godla v S (CA 48/2018)

Godla v S (CA 48/2018) [2023] ZANWHC 238 (22 December 2023)

Court

North West High Court, Mafikeng

Case number

CA 48/2018

Judges

Petersen, Williams

Criminal appeal against rape conviction and life sentence dismissed. Court upheld child witness evidence, identification, and rejection of the appellant’s alibi.

• Rape
• Child Witness Evidence
• Identification
• Alibi Evidence
• Contradictory Versions
• Sentencing Guidelines

Nkosi v S (A798/15)

Nkosi v S (A798/15) [2017] ZAGPPHC 697 (12 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A798/15

Judges

N V Khumalo, N Mali

The court held that the trial court correctly admitted the evidence of the appellant's admission and pointing out, as these were made voluntarily and corroborated by circumstantial evidence, including CCTV footage, the recovery of stolen items, and the appellant's proximity to the crime scene. The appellant's alibi defence was disregarded because it was not presented under oath or tested, and the appellant declined to call witnesses or testify, despite being advised of his rights. The identification of the appellant as one of the perpetrators was proven beyond reasonable doubt through the com…

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• Admissibility Of Evidence
• Identification
• Alibi Defence
• Pointing Out
• Confession
• Circumstantial Evidence

Moloi v S (A24/2017)

Moloi v S (A24/2017) [2017] ZAFSHC 87 (25 May 2017)

Court

Free State High Court, Bloemfontein

Case number

A24/2017

Judges

Lekale, Naidoo

The High Court dismissed Moloi’s appeal against a murder conviction, holding that a single witness’s identification evidence was reliable and the alibi was not credible.

• Single Witness Evidence
• Identification
• Murder
• Cautionary Rule
• Alibi
• Appeal Against Conviction