South Africa Case Law

Tshemego v S (CA30/2023)

Tshemego v S (CA30/2023) [2024] ZANWHC 308 (19 December 2024)

Court

North West High Court, Mafikeng

Case number

CA30/2023

Judges

Reddy, Motsatsi

The court found that the trial court had materially misdirected itself by convicting the appellant on eight counts of rape, which constituted impermissible duplication of convictions. The evidence established that the appellant raped each victim more than once in a single encounter, which should have resulted in two counts only. The convictions on counts 2 to 4 and 6 to 8 were set aside, and the appellant was acquitted on those counts. The sentences of life imprisonment on counts 1 and 5 were confirmed, as the aggravating circumstances justified the prescribed minimum sentence. The appellant'…

Source excerpt

• Rape
• Duplication Of Convictions
• Minimum Sentences
• Consent
• Infliction Of Grievous Bodily Harm

Chipps v S (CA&R: 152/2023)

Chipps v S (CA&R: 152/2023) [2024] ZAECMKHC 77 (17 July 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R: 152/2023

Judges

Bands, Jolwana

The High Court dismissed a rape appeal, upholding conviction and life sentence after finding the complainant credible and the appellant’s version improbable.

• Rape
• Minimum Sentencing
• Credibility Of Single Witness
• Infliction Of Grievous Bodily Harm
• Substantial And Compelling Circumstances
• Appeal Procedure