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South Africa decisions
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S v Nkosi and Another (CC33/2024) [2025] ZAMPMBHC 61 (30 June 2025)
High Court criminal judgment on robbery, murder and attempted murder. The court admitted a disputed statement, accepted eyewitness and cell-data evidence, and convicted both accused on the main counts.
S v Maruma (CC5/24) [2025] ZAGPPHC 312 (24 March 2025)
The court convicted the accused on multiple rape, robbery, housebreaking, theft and sexual assault counts, relying on DNA, fingerprints and identification evidence.
Muregu v S (Appeal) (HCA 02/2024) [2025] ZALMPTHC 2 (21 January 2025)
The High Court dismissed a criminal appeal against convictions for rape, robbery, assault and kidnapping, and upheld the sentences imposed.
Mathebula and Another v S (CC40/2020) [2024] ZAGPPHC 1351 (9 December 2024)
The applicants failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. Both are implicated by video footage and witness testimony in serious crimes, including robbery with aggravating circumstances and murder. The first applicant was apprehended fleeing the scene with a firearm and stolen money, and is visible in multiple crime scene videos. The second applicant has prior convictions, was on parole at the time of the offences, and refused to participate in the identification parade. The court found that the interests of justice do…
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Ribisi v S (A306/2023) [2024] ZAGPPHC 1301 (4 December 2024)
The High Court upheld the appeal against a robbery conviction, finding the complainant’s identification unreliable and insufficient to prove guilt beyond reasonable doubt.
Kganakga and Others v Minister of Police (3390/2016; 1636/2016) [2024] ZALMPPHC 59 (7 June 2024)
The court found that the police had reasonable suspicion to arrest the first and third plaintiffs based on information from an informer, CCTV footage, and identification by victims. The police acted on credible information that a crime had been committed and another was imminent, and the vehicle used matched the description provided. The discretion to arrest was exercised reasonably under Section 40(1)(b) of the Criminal Procedure Act. Contradictions in the plaintiffs' evidence undermined their claims of inhuman treatment. The second plaintiff was mistakenly arrested and released within 24 ho…
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Mbingo v S (CA 102/2018) [2024] ZANWHC 89 (26 March 2024)
The North West High Court dismissed Jonas Mbingo’s appeal against conviction and a 15-year sentence for robbery with aggravating circumstances.
Khumalo and Another v S (SS 8/2023) [2023] ZAGPJHC 1364 (21 November 2023)
High Court application for leave to appeal against conviction and sentence dismissed after the court found no reasonable prospects of success.
Mbuyisa and Others v S (17574/2022P) [2023] ZAKZPHC 132 (10 November 2023)
Appeal against convictions for robbery with aggravating circumstances dismissed despite an incomplete record; the court found the evidence adequate and convictions justified.
Zondi and Others v S (A66/2023) [2023] ZAGPJHC 975 (28 August 2023)
The court held that the offences charged are Schedule 6 offences, requiring the appellants to prove exceptional circumstances justifying bail. The appellants relied solely on affidavits, which were not subject to cross-examination and lacked corroboration. The witness statements provided by the State detailed the appellants' arrest at the crime scene and possession of firearms. The court found that the appellants failed to establish exceptional circumstances on a balance of probabilities, and their personal circumstances did not meet the threshold required by section 60(11)(a) of the Criminal…
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