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South Africa decisions
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Mhlambi v S (A252/2022) [2025] ZAGPPHC 580 (3 June 2025)
The High Court dismissed a criminal appeal against convictions for indecent assault and rape, holding that the trial court properly assessed the evidence and applied the correct cautionary rules.
Schwartz v S (A622/2017) [2022] ZAGPPHC 972 (8 December 2022)
The court held that the record before it was inadequate for proper consideration of the appeal, particularly as the missing portion related to the defence's case and the available notes were uncertified. Both the appellant and the State failed to take sufficient steps to reconstruct the record, with the appellant, as dominus litis, bearing the ultimate responsibility. The court emphasized that the right to a fair trial requires an adequate record, but also that the interests of justice demand that all reasonable efforts be made to reconstruct the record before setting aside the conviction and…
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Pretorius v S (A 526/2017) [2021] ZAGPPHC 893 (5 October 2021)
The High Court dismissed Pretorius’s application to adduce further evidence on appeal, finding the proposed evidence immaterial to his indecent assault conviction.
Venter v S (779/2018) [2021] ZASCA 21 (18 March 2021)
The majority of the Supreme Court of Appeal found that, despite inconsistencies and contradictions in the complainant's evidence, these were not material and were adequately explained by the trauma suffered and the passage of time. The court held that the complainant's evidence was reliable and credible when considered holistically, and that the appellant was able to plead to all charges without objection to vagueness or lack of particulars. The trial court's failure to provide reasons for each count did not amount to a violation of the appellant's constitutional right to a fair trial in the…
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Dorrepaal v S (CA&R26/2020) [2021] ZANCHC 14 (12 March 2021)
Appeal against convictions for child sexual offences and life sentences dismissed; the High Court upheld the complainant’s evidence, corroboration, and minimum sentences.
Masala v S (A180/2017) [2017] ZAFSHC 214 (29 November 2017)
The appeal succeeded because the trial court committed several material misdirections in its assessment of the evidence. The court a quo erred by treating the complainants' evidence as clear and credible despite numerous contradictions and discrepancies, and by failing to properly consider the evidence of the appellant and his witnesses. The trial court incorrectly placed an onus on the appellant to explain why the complainants would falsely implicate him, contrary to established legal principles. The evidence did not prove the appellant's guilt beyond reasonable doubt, and his version was re…
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Metsing v S (A94/16) [2017] ZAGPPHC 226 (18 May 2017)
The appeal court found that the trial court had properly considered all relevant factors, including the seriousness of the offence, the abuse of trust by the appellant, and the vulnerability of the complainant. The trial court did not misdirect itself by refusing to obtain a correctional sentence report or by not considering alternative sentencing options, as correctional supervision was clearly inappropriate given the circumstances. The appellant's personal circumstances were taken into account, but the gravity of the offence and the interests of society outweighed them. The sentence of 15 y…
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Kotze v S (776/2016) [2017] ZASCA 27 (27 March 2017)
The Supreme Court of Appeal upheld a conviction for housebreaking with intent to commit indecent assault and indecent assault, finding the complainant’s identification reliable.
Hewitt v S (637/2015) [2016] ZASCA 100; 2017 (1) SACR 309 (SCA) (9 June 2016)
The Supreme Court of Appeal dismissed an appeal against an effective six-year sentence for rape and indecent assault, finding no basis to interfere.
B v S (A90/2013) [2016] ZAFSHC 100 (12 May 2016)
Appeal against rape and indecent-assault convictions partly succeeded; one count set aside and sentence reduced from 12 to 6 years.
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