South Africa Case Law

Van Wyk v S (A69/2022)

Van Wyk v S (A69/2022) [2024] ZAGPJHC 790 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A69/2022

Judges

Dosio, Mathunzi

The appeal succeeded because the State failed to prove the identity of the perpetrator beyond reasonable doubt. The complainant's evidence was contradictory and lacked corroboration, and no identity parade was held. The trial court failed to call essential witnesses, notably Isaac, whose testimony was crucial to exclude other possible perpetrators and confirm the appellant's presence. The appellant's version was consistent and not disproved by the State. The trial court materially misdirected itself by rejecting the appellant's version and failing to apply the cautionary rules for single witn…

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• Rape
• Identity Evidence
• Single Witness Caution
• Burden Of Proof
• Appeal Procedure

Jama and Others v S (27/2017)

Jama and Others v S (27/2017) [2024] ZAFSHC 179 (6 June 2024)

Court

Free State High Court, Bloemfontein

Case number

27/2017

Judge

Van Zyl

The court found that, due to the moving scenes and contradictions in the identification evidence, there are reasonable prospects that another court may reach a different conclusion regarding the convictions. The cautionary rule regarding identity was considered, and the grounds for leave to appeal were found to have merit in respect of conviction. However, the court held that the sentencing judgment was thorough and addressed all relevant factors, and there are no reasonable prospects that another court would interfere with the sentences imposed. Accordingly, leave to appeal was granted only…

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• Leave To Appeal
• Murder
• Minimum Sentencing
• Identity Evidence
• Credibility Of Witnesses

Gumede v S (A51/2017)

Gumede v S (A51/2017) [2021] ZAMPMHC 22 (24 May 2021)

Court

Middelburg High Court, Mpumalanga

Case number

A51/2017

Judges

Brauckmann, Legodi

Appeal against rape convictions and life sentence dismissed; the High Court found identity, age proof, and no basis to disturb the minimum sentence.

• Rape
• Sexual Offences Act
• Minimum Sentencing
• Child Victims
• Identity Evidence
• Cautionary Rules

Khumalo v Minister of Police and Another (17132/15)

Khumalo v Minister of Police and Another (17132/15) [2020] ZAWCHC 77; 2021 (1) SACR 551 (WCC) (29 July 2020)

Court

Western Cape High Court, Cape Town

Case number

17132/15

Judge

DM Thulare

The High Court held the DPP liable for malicious prosecution and unlawful detention, but dismissed the claim against the Minister of Police.

• Malicious Prosecution
• Unlawful Detention
• Reasonable And Probable Cause
• Animus Injuriandi
• Identity Evidence
• Prosecutorial Discretion

Salmani v S (CA & R 342/2011)

Salmani v S (CA & R 342/2011) [2012] ZAECGHC 57 (25 June 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

CA & R 342/2011

Judges

Chetty, Goosen

The High Court dismissed a rape appeal, holding that the complainant’s evidence reliably identified the appellant and that there was no basis to interfere.

• Rape
• Identity Evidence
• Cautionary Rule
• Child Witness
• Appeal Dismissal
• Identity-evidence

Goni v S (SS93/08)

Goni v S (SS93/08) [2010] ZAWCHC 373 (23 March 2010)

Court

Western Cape High Court, Cape Town

Case number

SS93/08

Judge

Louw

The High Court granted leave to appeal against convictions and two life sentences, finding a reasonable prospect another court could reach a different conclusion.

• Alibi Defence
• Identity Evidence
• Leave To Appeal
• Sentencing Appeal
• Criminal-law
• Leave-to-appeal

Goni v S (SS93/08)

Goni v S (SS93/08) [2010] ZAWCHC 95 (23 March 2010)

Court

Western Cape High Court, Cape Town

Case number

SS93/08

Judge

Louw

The court found that, although the applicant's alibi and supporting witness were not accepted as reasonably possibly true in light of the identity evidence, there remains a reasonable prospect that another court may reach a different conclusion regarding both the convictions and the sentences imposed. Accordingly, leave to appeal is granted to the Full Bench of the division on both convictions and sentences.

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• Leave To Appeal
• Alibi Defence
• Identity Evidence
• Sentencing
• Life Imprisonment

S v Molemi (74/2007)

S v Molemi (74/2007) [2007] ZANWHC 58 (11 October 2007)

Court

North West High Court, Mafikeng

Case number

74/2007

Judge

Motsomane

The court set aside a theft conviction and six-month sentence because the State’s identification evidence was too weak and the accused should have been discharged under section 174.

• Identity Evidence
• Section 174 Discharge
• Theft
• Burden Of Proof
• Identity-evidence
• Section-174-discharge

S v Radebe (CA&R 75/06)

S v Radebe (CA&R 75/06) [2007] ZANCHC 15 (2 March 2007)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 75/06

Judges

B C Molwantwa, F E Mokgohloa

The High Court confirmed Vusi Radebe’s conviction for dealing in cocaine after an entrapment operation, but reduced his sentence to a fine or imprisonment with part suspended.

• Drug Trafficking
• Entrapment Operations
• Identity Evidence
• Sentence Review
• Drug-trafficking
• Entrapment