South Africa Case Law

Ndlovu v S (A150/2022)

Ndlovu v S (A150/2022) [2022] ZAGPPHC 941 (1 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

A150/2022

Judges

N Davis, K J Mogale

The court found that the complainant was a credible witness who had sufficient opportunity to observe the appellant during the robbery in broad daylight and at close proximity. The identification was corroborated by objective evidence, including the recovery of the red hoodie and blood-stained knife. The identity parade was properly conducted, and the complainant's dock identification further strengthened the reliability of the identification. The appellant failed to present any evidence supporting his alibi, and the contradictions regarding the missing fingers were immaterial in light of the…

Source excerpt

• Identification Evidence
• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Dock Identification
• Identity Parade
• Single Witness Caution

Khuzwayo v S (CA25/2020)

Khuzwayo v S (CA25/2020) [2021] ZANWHC 17 (24 June 2021)

Court

North West High Court, Mafikeng

Case number

CA25/2020

Judges

ME Mahlangu, M Leeuw

The court found that the State failed to prove the identity of the appellant beyond reasonable doubt. Material contradictions existed between the complainant and his girlfriend regarding the circumstances of the incident and the conduct of the identity parade. The visibility at the scene was questionable, and the identification process was procedurally unfair. The trial magistrate misdirected himself by accepting unreliable identification evidence and overlooking these discrepancies. Consequently, the conviction and sentence could not stand, and the appeal was upheld.

Source excerpt

• Identity Parade
• Burden Of Proof
• Appeal Condonation
• Contradictory Evidence

S v Mahumane (CCD7/19)

S v Mahumane (CCD7/19) [2019] ZAKZDHC 37 (10 December 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

CCD7/19

Judge

Lopes

The court found the evidence of the six complainants credible and consistent, corroborated by DNA analysis that conclusively linked the accused to the offences. The accused's modus operandi involved luring women with false job offers, leading them to isolated locations, and committing rape and robbery. The chain of custody for forensic samples was maintained, and identity parades confirmed the accused's identification. The accused's testimony was evasive and lacked credibility. The court accepted the State's argument regarding the classification of rape acts, applying the principle that close…

Source excerpt

• Rape
• Robbery
• Sexual Offences Act
• Dna Evidence
• Identity Parade
• Immigration Act Offence

Mvimbi v S (A609/14)

Mvimbi v S (A609/14) [2015] ZAGPPHC 43 (2 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

A609/14

Judges

C J van der Westhuizen, N V Khumalo

The High Court dismissed the conviction appeal, rejected an alibi defence, and increased the sentence for robbery with aggravating circumstances to 15 years.

• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Identity Parade
• Alibi Defence
• Appeal Procedure
• Robbery-with-aggravating-circumstances

Masilo v S (A16/2012)

Masilo v S (A16/2012) [2013] ZAFSHC 145 (29 August 2013)

Court

Free State High Court, Bloemfontein

Case number

A16/2012

Judges

N.W. Phalatsi, K.J. Moloi

The High Court upheld an appeal against a robbery conviction, finding the trial court misdirected itself on the alibi and unreliable identification evidence.

• Robbery With Aggravating Circumstances
• Alibi Defence
• Identity Parade
• Misdirection By Trial Court
• Alibi-defence
• Identity-parade

Nkambule v S (A134/2013)

Nkambule v S (A134/2013) [2013] ZAGPJHC 112 (2 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

A134/2013

Judge

T P Mudau

The magistrate erred by failing to consider the totality of the facts, including the absence of an identity parade and the strength of the state's case, in the bail application on new facts. The appellant's alibi was supported by affidavit evidence, and the state's case relied solely on the complainant's identification, which was not above reproach. The appellant had no previous convictions, was a South African citizen with a stable residence, and the risk of interference with witnesses could be managed by appropriate bail conditions. These factors constituted exceptional circumstances justif…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Robbery With Aggravating Circumstances
• Kidnapping
• Onus Of Proof
• Identity Parade

Gwebu v S (A647-2010)

Gwebu v S (A647-2010) [2010] ZAGPPHC 145 (8 October 2010)

Court

North Gauteng High Court, Pretoria

Case number

A647-2010

Judge

MNGQIBISA-THUSI

Appeal against refusal of bail for robbery with aggravating circumstances dismissed. The court held that the appellant had not shown exceptional circumstances under section 60(11)(a).

• Bail Application
• Exceptional Circumstances
• Identity Parade
• Criminal Procedure Act
• Robbery With Aggravating Circumstances
• Bail-application

S v Mkwananzi and Others

S v Mkwananzi and Others [2007] ZAFSHC 143 (6 December 2007)

Court

Free State High Court, Bloemfontein

Case number

A287/2006

Judges

B C Mocumie, S Ebrahim

Appeal dismissed in a robbery case involving circumstantial evidence, stolen jewellery, a linked vehicle, and a firearm. Convictions and sentences were confirmed.

• Robbery With Aggravating Circumstances
• Circumstantial Evidence
• Possession Of Unlicensed Firearm
• Evaluation Of Evidence
• Identity Parade
• Sentencing Principles