South Africa Case Law

S v Marais (CC56/2024)

S v Marais (CC56/2024) [2024] ZAGPPHC 1214 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC56/2024

Judge

Mosopa

The court found that the accused, Johan Marais, admitted all elements of the crime of murder in his section 112(2) statement, including acting in common purpose with other police officers, intentionally and unlawfully killing the deceased, Caiphus Nyoka, who posed no threat and was unarmed. The accused confirmed the statement was made voluntarily and with full understanding of his rights. The State accepted the admissions and did not lead any evidence to the contrary. The court was satisfied that the accused's plea and admissions established his guilt beyond reasonable doubt and returned a ve…

Source excerpt

• Murder
• Common Purpose
• Unlawful Instructions
• Section 112 2 Criminal Procedure Act
• Intentional Killing

Qayi v S (AR228/2019)

Qayi v S (AR228/2019) [2021] ZAKZPHC 83 (14 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR228/2019

Judges

Gani, Mngadi

The appeal against the conviction for assault with intent to do grievous bodily harm fails because the evidence of the complainant, Xolani, was clear, coherent, and corroborated by objective evidence and the testimony of Ramatseka. The appellant was positively identified as the person who caused the injuries, and his denial was not reasonably possibly true. Regarding the murder conviction, the appeal succeeds because the State failed to prove beyond reasonable doubt that the appellant intentionally killed the deceased. The only witness, Ramatseka, was intoxicated, provided inconsistent versio…

Source excerpt

• Single Witness Evidence
• Intentional Killing
• Onus Of Proof
• Credibility Of Witnesses

Phooka v S (ASH 14/07)

Phooka v S (ASH 14/07) [2010] ZAECGHC 44 (3 June 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

ASH 14/07

Judges

Y Ebrahim, M Makaula

Criminal appeal against a murder conviction dismissed. The court upheld reliance on medical evidence and found the appellant’s account untruthful.

• Murder
• Credibility Of Witnesses
• Expert Evidence
• Intentional Killing
• Criminal-appeal
• Expert-evidence