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South Africa decisions
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Ndabeni v S (A230/2022) [2023] ZAWCHC 33 (21 February 2023)
The High Court dismissed an appeal against convictions for illegal firearm and ammunition possession, finding the evidence and chain of custody adequately proved.
S v Mofokeng (35/2021) [2021] ZAFSHC 252 (22 October 2021)
The court found that the accused and deceased were in a troubled romantic relationship, culminating in the accused arming himself with a firearm and confronting the deceased. The accused's version was rejected as improbable and not reasonably possibly true, given his evasiveness and selective memory regarding crucial facts. The evidence established that the accused acquired the firearm with intent to kill the deceased after she threatened to leave him. The accused was found to have unlawfully possessed the firearm and ammunition, with all elements admitted. The court held that the prescribed…
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S v Masilela (SS005/2018) [2018] ZAGPJHC 621 (21 September 2018)
The court sentenced Wanda Masilela to life imprisonment for murder and additional terms for kidnapping, robbery with aggravating circumstances, and firearm offences.
S v Masilela (SS005/2018) [2018] ZAGPJHC 620 (20 September 2018)
The court found that the accused was positively identified by the surviving victim and two security officers under good visibility conditions. The identification was corroborated by cell phone records, access logs, and the movement of the stolen vehicle. The accused's denial of involvement and his alibi were rejected as false, given the overwhelming evidence of his participation and the implausibility of his version. The court held that the accused acted in concert with others in a planned robbery, foreseeing and accepting the risk of death, thereby establishing the requisite mens rea for mur…
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Seanego and Another v S (A148/2017) [2017] ZAGPPHC 753 (14 November 2017)
The High Court upheld murder and robbery convictions after finding the trial court correctly assessed the evidence, but set aside firearm and ammunition convictions for the second appellant.
Van Zyl v S (A116/2016) [2017] ZAGPPHC 572 (22 August 2017)
The court found that the magistrate misdirected himself by considering only the appellant's pre-sentence incarceration as a substantial and compelling circumstance, while ignoring other relevant factors such as the appellant being a first offender, his intoxication, and the provocative conduct of the deceased. The court also noted concerns regarding the safeguarding of the appellant's right to legal representation. Taking all circumstances into account, the sentences imposed were deemed shockingly inappropriate and warranted interference. The court exercised its discretion to reduce the sente…
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Malatjie and Another v S (A191/2016, CC360/2010) [2017] ZAGPPHC 131 (5 April 2017)
The Court found that the identification evidence of Malahle, who personally knew both appellants and observed them under favourable conditions, was reliable and corroborated by circumstantial evidence, including the recovery of stolen property and admissions made by Ralph Malatjie. The alibi evidence presented by the appellants was uncorroborated and contradicted by other witnesses, rendering it improbable and not reasonably possibly true. The Court held that the State had discharged its onus of proving guilt beyond reasonable doubt, and there was no material misdirection by the trial court.…
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Puwane v S (A654/2011) [2012] ZAWCHC 76 (16 March 2012)
Appeal against conviction and sentence for illegal possession of a firearm and ammunition dismissed; the High Court found the appellant’s denial improbable.
Molefinyana v S (A520/2010) [2010] ZAWCHC 622 (10 December 2010)
The High Court reduced a 7-year sentence for illegal firearm and ammunition possession to 4 years, finding the original sentence shockingly inappropriate.
Thompson v S (A596/2008) [2010] ZAWCHC 440 (13 August 2010)
The High Court dismissed an appeal against convictions for murder and pointing a firearm, upholding the trial court’s reliance on a single juvenile witness.
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