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South Africa decisions
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Mooi and Another v S (A95/2024) [2025] ZAGPJHC 720 (21 July 2025)
Appeal in a murder and firearm-possession case partly succeeded: the first appellant’s murder conviction stood, but firearm-possession convictions were set aside; the second appellant’s murder conviction failed.
Oguh v The State (A151/2023) [2025] ZAFSHC 220 (18 July 2025)
High Court criminal appeal on identification evidence and alibi defence. The conviction for robbery with aggravating circumstances was upheld and the appeal dismissed.
Tumelo Donald Maketekete and Others v The State (A84/2023) [2025] ZAFSHC 198 (25 June 2025)
Appeal against conviction and sentence dismissed after the court upheld police identification evidence arising from public unrest and confirmed 18 months' correctional supervision.
Mokone v S (A35/2017) [2025] ZAGPJHC 622 (20 June 2025)
The High Court upheld the appeal on the second Omar robbery counts, finding identification evidence unreliable, but dismissed the appeal on the Viviers robbery and sentence.
Meintjies v S (Appeal) (A177/2024) [2025] ZAWCHC 239 (4 June 2025)
The High Court dismissed an appeal against a robbery conviction, finding the complainant’s identification reliable and the State’s case proved beyond reasonable doubt.
Gidi v S (Appeal) (A104/2020) [2025] ZAWCHC 233 (29 May 2025)
The High Court dismissed an appeal against convictions for robbery with aggravating circumstances and unlawful firearm possession, and upheld two 15-year sentences.
Kalbo v S (A24/2025) [2025] ZAGPJHC 536 (28 May 2025)
The court held that the Regional Magistrate correctly classified the bail application as a Schedule 6 offence, given the nature of the charge and the medical evidence. The appellant failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. His reliance on affidavit evidence, without viva voce testimony, diminished the probative value of his claims. The appellant's lack of emotional and property ties to South Africa, revoked asylum status, and family outside the country increased the risk of flight. The identification evid…
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Khoza v S (Leave to Appeal) (CC2/22) [2025] ZAGPPHC 493 (16 May 2025)
The High Court refused leave to appeal against conviction and sentence for robbery, rape, and assault, finding no reasonable prospects of success.
Gilchrist v S (1153/2021) [2025] ZASCA 57 (12 May 2025)
The Supreme Court of Appeal held that the trial court complied with s 93ter(1) of the Magistrates’ Court Act, as the record reflected that the appellant’s legal representative confirmed no assessors were required. The appellant was legally represented throughout, and there was no indication he was uninformed of his rights. The application to introduce new evidence based on a recanting affidavit was refused, as the affidavit lacked independent corroboration and was not probably true or reliable. The identification evidence was detailed, corroborated, and the appellant himself conceded that the…
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Mthethwa v S (Appeal) (AR8/2021) [2025] ZAKZPHC 44 (7 May 2025)
Appeal against murder and firearm convictions dismissed. The High Court upheld the trial court’s findings on assessors, identification evidence, alibi, and sentence.
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