South Africa Case Law

S v Mofokeng (35/2021)

S v Mofokeng (35/2021) [2021] ZAFSHC 252 (22 October 2021)

Court

Free State High Court, Bloemfontein

Case number

35/2021

Judge

Mathebula

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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• Murder
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition
• Minimum Sentencing
• Gender Based Violence

S v Masilela (SS005/2018)

S v Masilela (SS005/2018) [2018] ZAGPJHC 621 (21 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

SS005/2018

Judge

Du Plessis

The court sentenced Wanda Masilela to life imprisonment for murder and additional terms for kidnapping, robbery with aggravating circumstances, and firearm offences.

• Minimum Sentencing Regime
• Murder
• Kidnapping
• Robbery With Aggravating Circumstances
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition

S v Masilela (SS005/2018)

S v Masilela (SS005/2018) [2018] ZAGPJHC 620 (20 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

SS005/2018

Judge

Du Plessis

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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• Murder
• Robbery With Aggravating Circumstances
• Kidnapping
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition
• Common Purpose

Seanego and Another v S (A148/2017)

Seanego and Another v S (A148/2017) [2017] ZAGPPHC 753 (14 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

A148/2017

Judges

C Pretorius, VV Tlhapi, TP Mudau

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.

• Murder
• Robbery With Aggravating Circumstances
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition
• Identity Parade Evidence
• Credibility Of Witnesses

Van Zyl v S (A116/2016)

Van Zyl v S (A116/2016) [2017] ZAGPPHC 572 (22 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A116/2016

Judges

DT Skosana, CP Rabie

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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• Minimum Sentences Act
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Murder
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition

Malatjie and Another v S (A191/2016, CC360/2010)

Malatjie and Another v S (A191/2016, CC360/2010) [2017] ZAGPPHC 131 (5 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A191/2016, CC360/2010

Judges

T Brenner, P Rabie, R Tolmay

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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• Identification Evidence
• Robbery With Aggravating Circumstances
• Murder
• Illegal Possession Of Firearm
• Illegal Possession Of Ammunition
• Alibi Evidence

Matabane and Another v S (A105/2015)

Matabane and Another v S (A105/2015) [2015] ZAFSHC 223 (5 November 2015)

Court

Free State High Court, Bloemfontein

Case number

A105/2015

Judges

Jordaan, Bokwa

The High Court dismissed a criminal appeal against convictions for robbery, assault and firearm possession, upholding identification evidence and sentence.

• Robbery With Aggravating Circumstances
• Assault With Intent To Do Grievous Bodily Harm
• Illegal Possession Of Firearm
• Identification Evidence
• Minimum Sentencing
• Criminal-appeal

S v Yende (A439/15)

S v Yende (A439/15) [2015] ZAGPPHC 430 (1 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

A439/15

Judges

C.P. Rabie, H. De Vos

High Court review of firearm convictions and sentence. The court set aside the theft count, reduced the possession sentence, and confirmed the pointing conviction.

• Illegal Possession Of Firearm
• Pointing Of Firearm
• Theft
• Fair Trial Rights
• Sentencing Irregularity
• Illegal-possession-of-firearm

S v Yende (A439/15)

S v Yende (A439/15) [2015] ZAGPPHC 574 (1 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

A439/15

Judges

C.P. Rabie, H. de Vos

High Court review of firearm convictions: pointing of a firearm was confirmed, but theft and semi-automatic possession findings were set aside for lack of proof.

• Illegal Possession Of Firearm
• Pointing Of Firearm
• Theft Of Firearm
• Admissibility Of Evidence
• Procedural Irregularity
• Pointing-of-firearm

Moepadira v S (A238/14)

Moepadira v S (A238/14) [2015] ZAFSHC 111 (21 May 2015)

Court

Free State High Court, Bloemfontein

Case number

A238/14

Judges

Van Zyl, Jordaan

The High Court upheld the appeal against a firearm conviction, finding doubt about the exhibit chain and whether the weapon was proved to be a firearm as defined by law.

• Illegal Possession Of Firearm
• Chain Of Evidence
• Firearms Control Act
• Reasonable Doubt
• Forensic Evidence
• Criminal-law