South Africa Case Law

Ndumiso v Road Accident Fund (059779/2024)

Ndumiso v Road Accident Fund (059779/2024) [2025] ZAGPJHC 405 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

059779/2024

Judge

Weideman

The court found that the plaintiff’s version of events was highly improbable when compared to the objective evidence, including the Officer’s Accident Report, photographs of the scene, and hospital records. The physical layout of the road, absence of houses, and the nature of the injury did not support the plaintiff’s account. The plaintiff, being a traffic warden, failed to provide a coherent and credible explanation for the circumstances of the accident. The court was not satisfied that the injury was caused by a motor vehicle accident as alleged, and the probabilities did not favour the pl…

Source excerpt

• Road Accident Claim
• Burden Of Proof
• Assessment Of Evidence
• Improbability Of Version

Gqola v S (CA&R 58/2010)

Gqola v S (CA&R 58/2010) [2010] ZAECGHC 77 (4 August 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 58/2010

Judges

Smith, Dawood

A criminal appeal against conviction for housebreaking with intent to rape and rape was dismissed after the court found the appellant’s version improbable.

• Rape
• Housebreaking
• Credibility Of Witnesses
• Burden Of Proof
• Improbability Of Version
• Criminal-law

Elgoni v El-Shahir (41/2003)

Elgoni v El-Shahir (41/2003) [2005] ZAFSHC 124 (5 May 2005)

Court

Free State High Court, Bloemfontein

Case number

41/2003

Judges

A.P. Beckley, C.B. Cillié

The High Court dismissed an appeal over whether US$30,000 or US$20,000 had been entrusted for safekeeping, finding the defendant’s version improbable.

• Deposit Of Money
• Burden Of Proof
• Improbability Of Version
• Civil-appeal
• Burden-of-proof
• Credibility-assessment