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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 Ceaser and Others (SS29/2009) [2010] ZAWCHC 590 (1 December 2010)
High Court sentencing judgment in a gang-related murder case. The court imposed life imprisonment for the murder counts and additional concurrent terms for related offences.
S v France (SS98/08) [2009] ZAWCHC 20 (11 February 2009)
The High Court granted a section 174 discharge after finding the State’s evidence so weak that no reasonable conviction was possible on any charge.
S v Mhlongo (A378/2005) [2007] ZAWCHC 92 (26 October 2007)
The court held that the circumstantial evidence adduced by the State, including the appellant's apprehension near the scene, possession of a firearm and stolen jewellery, and the absence of any innocent explanation, was sufficient to establish guilt beyond reasonable doubt. The appellant's failure to testify left the State's case unrebutted, and the trial court was entitled to convict. The appeal against conviction and sentence was dismissed.
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S v Ismail and Others (SS88/2002) [2004] ZAWCHC 39 (6 December 2004)
The court found that Shaheem Ismail and Abdullah Brenner conspired to murder Regional Magistrate Wilma van der Merwe, based on corroborated evidence from Kerridge, Van Dyk, and authenticated tape recordings of their conversations. The evidence demonstrated that Ismail was the initiator and driving force behind the plan, instructing Kerridge to organise the acquisition of a firearm and recruit an assassin. The covert police operation and monitoring were lawfully authorised and proportionate to the seriousness of the offence. The defence's claim of a conspiracy against Ismail by state officials…
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S v Bruintjies (SS245/04) [2004] ZAWCHC 44 (18 August 2004)
Sentencing judgment for murder, aggravated robbery and firearms offences. The court found no substantial and compelling circumstances and imposed life imprisonment plus concurrent terms.
S v Booysen and Andere (SS60/2002) [2003] ZAWCHC 32 (22 July 2003)
The court found that the State presented credible and corroborated evidence placing accused one, two, and three at the scene of the shooting, armed and actively participating in the attack. The identifications were made under good lighting conditions by witnesses familiar with the accused. The alibi defences were rejected as improbable and unsupported by reliable testimony. The court dismissed allegations of a conspiracy among witnesses, finding no credible basis for such claims. Ballistic and forensic evidence further corroborated the presence and actions of the accused. The court concluded…
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S v Seheri and Another (382/89) [1990] ZASCA 73 (1 June 1990)
The court found that the first appellant's actions were deliberate, planned, and executed for a rational objective, namely the recovery of a firearm, and not the result of uncontrollable rage or diminished responsibility. The expert evidence did not establish that the personality disorder influenced his conduct at the relevant time. No extenuating circumstances were proven, and the trial court's finding was upheld. Regarding the second appellant, the court accepted that he was influenced to some extent by the first appellant and his companions, was a first offender, and had suffered significa…
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