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South Africa decisions
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Fox v S (A242/22) [2024] ZAGPPHC 830 (29 August 2024)
The High Court dismissed a murder appeal, holding that ballistic and circumstantial evidence showed the appellant fired the fatal shot that killed his wife.
Anwarey v Loch Logan Waterfront (Pty) Ltd (A78/2022; 2096/2018) [2023] ZAFSHC 113 (20 April 2023)
The full bench dismissed an appeal against absolution from the instance in a mall-fall delict claim, finding no prima facie proof that the removed tiles caused the fall.
Aranda Textile Mills (Pty) Ltd and Another v The Competition Commission of South Africa (190/CAC/DEC20) [2021] ZACAC 1; 2023 (2) SA 182 (CAC); [2023] 1 CPLR 3 (CAC) (17 December 2021)
The Competition Appeal Court upheld an appeal and dismissed a referral alleging collusive tendering and price fixing, finding the Commission had not proved its case.
Hartley v S (A180/2020) [2020] ZAWCHC 153 (10 November 2020)
Appeal against convictions for fraud and forgery succeeded because the state’s evidence was insufficient to prove a forged payslip or false representations.
Yona v S (A76/2016) [2019] ZAGPPHC 1038 (12 December 2019)
Appeal dismissed in a child-rape case. The High Court upheld the conviction on inferential and medical evidence and found no basis to reduce the 15-year sentence.
Vries v S (A15/2016) [2019] ZAFSHC 171 (19 September 2019)
The High Court substituted a conviction for assault with intent to do grievous bodily harm with common assault, finding intent for grievous harm not proved.
Thamae and Another v S (A264/2018) [2019] ZAFSHC 64 (21 May 2019)
The appeal succeeded because the state failed to prove beyond reasonable doubt that the appellants were joint possessors of the firearms found in the vehicle. The trial court misdirected itself by drawing inferences inconsistent with the proved facts and not excluding other reasonable inferences. There was no evidence as to who placed the firearms in the vehicle or that the appellants were aware of their presence. The requirements for joint possession, as set out in Nkosi and approved in Mbuli and Ramoba, were not met. Consequently, the convictions and sentences for both counts were set aside…
Source excerpt
Maqubela v S (821/2015) [2017] ZASCA 137; 2017 (2) SACR 690 (SCA) (29 September 2017)
The Supreme Court of Appeal set aside Maqubela’s murder conviction, holding that the medical evidence supported natural causes as the probable cause of death.
Mokubeng and Others v S (A15/2011) [2014] ZAFSHC 80 (12 June 2014)
The High Court upheld an appeal against convictions for robbery and firearm-related offences, finding the evidence insufficient and the inference of guilt unsafe.
Nzakayi v S (CA&R: 335/2012) [2013] ZAECGHC 42 (6 May 2013)
The High Court dismissed an appeal against a theft conviction, finding the appellant was in recent possession of a stolen car and gave a false explanation.
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