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South Africa decisions
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Oberholzer v Ekurrhuleni Metropolitan Municipality and Another (57431/17) [2024] ZAGPPHC 1273 (29 November 2024)
The High Court held that the plaintiff’s arrest for offences committed in the officer’s presence was lawful, and dismissed the claim with punitive costs.
Mohono v S (A44/2024) [2024] ZAFSHC 298 (18 September 2024)
The appeal court found no misdirection in the trial court's evaluation of the evidence. The complainants' testimony, corroborated by witnesses, medical reports, and DNA evidence, was found credible and sufficient for conviction. The admission of the minor complainant's statement as hearsay was justified due to her unavailability and was supported by other reliable evidence. The contradictions raised by the appellant were immaterial and did not affect the reliability of the State's case. The trial court properly considered the appellant's personal circumstances and previous convictions, and th…
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Mohono v S (A44/2024) [2024] ZAFSHC 418 (18 September 2024)
The High Court dismissed an appeal against convictions and sentences for rape, impersonation of a police officer, abduction and kidnapping, and granted condonation.
S v Ncube (Sentence) (SS26/2023) [2023] ZAGPJHC 1034 (15 September 2023)
The High Court sentenced Michael Ncube to life imprisonment for multiple rape counts and concurrent terms for trafficking, sexual assault, kidnapping, and related offences.
S v Ifalawo (CC66/2019) [2022] ZAGPPHC 1028 (28 June 2022)
The High Court convicted Freddie Makgoka Ifalawo on multiple rape, kidnapping, and impersonation counts, rejecting his consent-based version as false.
Motau v S (A02/2019, SH 01/2016) [2020] ZALMPPHC 16 (23 April 2020)
The High Court upheld an appeal against a corruption conviction, finding the State had not proved the required statutory elements under section 3(a) of the PCCA.
Ntepe v S (A151/2015) [2016] ZAFSHC 52 (22 March 2016)
The appellate court found that the trial court materially erred by failing to consider the appellant's status as a first offender, his guilty plea, and his lengthy pre-trial incarceration as compelling and substantial circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for rape. The absence of a Victim Impact Report was noted, but the court found that the attack, while serious, was not marked by extreme brutality. The court also held that count two was a duplication of charges and should be set aside. Consequently, the sentences for counts three and fo…
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Semelane and Others v S (A17/2014) [2015] ZAFSHC 23 (29 January 2015)
The High Court partly upheld appeals against convictions and sentences arising from multiple extortion and robbery schemes, setting aside several charges and reducing effective sentences.
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