South Africa Case Law

Mehran v S (Appeal) (CA20/24)

Mehran v S (Appeal) (CA20/24) [2025] ZANWHC 79 (7 May 2025)

Court

North West High Court, Mafikeng

Case number

CA20/24

Judges

REDDY, WESSELS

The court found that the Section 10(2) certificate, although not verbatim to the Extradition Act, was sufficient to satisfy the statutory requirements for extradition, as established by Supreme Court of Appeal precedent. The affidavit presented by the State was admissible, with substantial compliance with the regulations regarding commissioners of oaths. The identity of the appellant was adequately established through multiple forms of evidence, including prior meetings, photographs, and video recordings. The extradition enquiry was not a criminal trial, and the procedural fairness afforded w…

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• Extradition Act
• Identity Of Accused
• Admissibility Of Affidavit
• Commissioners Of Oaths Regulations
• Section 10 Certificate
• Procedural Fairness

Sikhakhane and Another v S (CC16/2022)

Sikhakhane and Another v S (CC16/2022) [2025] ZAGPPHC 35 (27 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC16/2022

Judge

Mosopa

The High Court refused leave to appeal against convictions, holding the applicants had not shown reasonable prospects of success under the Superior Courts Act.

• Leave To Appeal
• Reasonable Prospects Of Success
• Admissibility Of Evidence
• Identity Of Accused
• Hostile Witness
• Hearsay Evidence

Mangengwa v S (A5/2023)

Mangengwa v S (A5/2023) [2023] ZAGPPHC 1900 (8 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A5/2023

Judges

Retief, N Ntlama-Makhanya

The High Court dismissed an appeal against a conviction for premeditated murder and life sentence, finding the State’s evidence credible and the sentence justified.

• Premeditated Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Identity Of Accused
• Onus Of Proof
• Immigration Offence

Zwane v S (A 40/2020)

Zwane v S (A 40/2020) [2022] ZAGPJHC 646 (12 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A 40/2020

Judges

Matsemela, Dlamini

The High Court dismissed an appeal against robbery conviction and a 15-year sentence, finding the identification evidence and corroboration sufficient.

• Robbery With Aggravating Circumstances
• Prescribed Minimum Sentences
• Identity Of Accused
• Single Witness Evidence
• Right To Silence
• Sentencing Principles

Matsila v S (A27/2020)

Matsila v S (A27/2020) [2022] ZALMPTHC 8 (17 June 2022)

Court

Limpopo High Court, Thohoyandou

Case number

A27/2020

Judges

AML Phatudi, NF Kgomo

The High Court dismissed Khuliso Matsila’s appeal against conviction and life sentence for raping a 7-year-old child, finding the identification evidence and prescribed sentence justified.

• Rape Of Minor
• Circumstantial Evidence
• Minimum Sentencing
• Identity Of Accused
• Substantial And Compelling Circumstances
• Rape-of-minor

Dube v S (A460/2016)

Dube v S (A460/2016) [2021] ZAGPPHC 154 (9 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

A460/2016

Judges

Maumela, J T Leso

The court found that the state proved the appellant's identity and guilt beyond reasonable doubt, relying on eyewitness testimony, immediate arrest, and recovery of stolen goods matching those taken during the robbery. The appellant's explanations were found improbable when considered against the totality of the evidence. The trial court's findings were not vitiated by misdirection, and the appellate court found no basis to interfere with the conviction. Regarding sentence, the court held that the offences were serious, involved aggravating circumstances, and the appellant had relevant previo…

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• Robbery With Aggravating Circumstances
• Firearms Control Act
• Identity Of Accused
• Minimum Sentence Legislation
• Appeal Powers
• Sentencing Principles

Xelesile v S (K/S/ 39/2018)

Xelesile v S (K/S/ 39/2018) [2021] ZANCHC 24 (4 June 2021)

Court

Northern Cape High Court, Kimberley

Case number

K/S/ 39/2018

Judge

Mamosebo

The High Court dismissed Freddy Xelesile’s application for leave to appeal his murder and assault convictions, finding no reasonable prospects of success.

• Murder Dolus Eventualis
• Common Purpose
• Leave To Appeal
• Evaluation Of Evidence
• Identity Of Accused
• Leave-to-appeal

Mthimkhulu v S (AR162/2019)

Mthimkhulu v S (AR162/2019) [2020] ZAKZPHC 18 (18 June 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR162/2019

Judges

Steyn, Chetty

The High Court dismissed an appeal against an attempted murder conviction, finding no misdirection in the trial court’s evaluation of the evidence.

• Attempted Murder
• Identity Of Accused
• Evaluation Of Evidence
• Cautionary Rule
• Attempted-murder
• Criminal-appeal

Sithole v S (A397/2013)

Sithole v S (A397/2013) [2017] ZAGPPHC 766 (30 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A397/2013

Judges

Nkosi, N Janse van Niewenhuizen

The High Court dismissed Roger Sithole’s appeal against conviction and 12-year sentence for housebreaking with intent to rob and robbery.

• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Identity Of Accused
• Circumstantial Evidence
• Sentencing Principles
• Criminal-law

Dlamini and Another v S (A225/2016)

Dlamini and Another v S (A225/2016) [2017] ZAGPPHC 215 (20 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A225/2016

Judges

Manyathi, Janse Van Nieuwenhuizen

The court found that the appellants had unlawfully appropriated the motor vehicle by moving it from its original position, damaging its locks and ignition, and stealing items from within, thereby excluding the owner from the enjoyment of her property. The facts were distinguishable from precedents where appropriation was not established. The trial court correctly convicted the appellants of theft. Regarding sentence, the court held that the trial court had properly considered all relevant factors, including personal circumstances and prior convictions, and that the sentences imposed were not…

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• Theft Of Motor Vehicle
• Attempted Theft
• Sentencing Principles
• Appropriation
• Contrectatio
• Identity Of Accused