South Africa Case Law

Moepya and Others v S (Appeal) (A289/2022)

Moepya and Others v S (Appeal) (A289/2022) [2025] ZAGPPHC 605 (6 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A289/2022

Judges

PD Phahlane, Francis-Subbiah

The appeal court found that the trial court correctly evaluated the totality of the evidence, including circumstantial and forensic evidence, and properly applied the relevant legal principles. The appellants' failure to testify in the face of compelling evidence justified an adverse inference. The presumption of possession under section 117(2) of the Firearms Control Act was correctly applied to the first appellant, who controlled the premises. The evidence supported joint possession and common purpose among the appellants. The trial court considered all relevant sentencing factors, includin…

Source excerpt

• Robbery With Aggravating Circumstances
• Firearms Control Act
• Joint Possession
• Circumstantial Evidence
• Sentencing Principles
• Right To Silence

Montsho v S (A134/2019)

Montsho v S (A134/2019) [2025] ZAGPJHC 510 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A134/2019

Judges

MMP Mdalana-Mayisela, C I Moosa

The High Court upheld the robbery conviction and sentence, but set aside the firearm convictions after finding the admission inadmissible and joint possession unproved.

• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Joint Possession
• Admissibility Of Admissions
• Right Against Self Incrimination
• Criminal-appeal

S v Langa and Others (C 40/2020)

S v Langa and Others (C 40/2020) [2025] ZAGPPHC 303 (7 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

C 40/2020

Judge

Van Wyk

The High Court considered a section 174 discharge application in a multi-accused robbery case, assessing identification evidence, CCTV footage, and corroboration.

• Identification Evidence
• Section 174 Discharge
• Admissibility Of Real Evidence
• Single Witness Caution
• Common Purpose
• Joint Possession

S.T.T and Others v Minister of Police (A2023/114372)

S.T.T and Others v Minister of Police (A2023/114372) [2024] ZAGPJHC 1180 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/114372

Judges

Windell, Wilson, Mitchell

Appeal over unlawful arrest partly upheld: the arrest of four appellants was held unlawful, while the infant appellant’s claim failed.

• Unlawful Arrest
• Joint Possession
• Reasonable Suspicion
• Damages For Unlawful Detention
• Firearms Control Act
• Prescribed Rate Of Interest

Lunga and Others v S (A250/2023)

Lunga and Others v S (A250/2023) [2024] ZAWCHC 259 (20 May 2024)

Court

Western Cape High Court, Cape Town

Case number

A250/2023

Judges

Salie, Katz

The Court found that the State failed to prove beyond reasonable doubt that the first to third appellants jointly possessed the firearms and ammunition. Mere knowledge or acquiescence to the use of firearms during the robbery does not satisfy the requirements for joint possession. The convictions and sentences on counts 4 and 5 for the first to third appellants were set aside. Regarding sentencing on count 2, the trial court found substantial and compelling circumstances to deviate from the prescribed minimum sentence but nevertheless imposed the minimum sentence, which was a material misdire…

Source excerpt

• Joint Possession
• Minimum Sentencing
• Armed Robbery
• Unlawful Possession Of Firearms
• Common Purpose
• Sentencing Discretion

Mabuza v S (CAF 09/2022)

Mabuza v S (CAF 09/2022) [2024] ZANWHC 159 (9 May 2024)

Court

North West High Court, Mafikeng

Case number

CAF 09/2022

Judges

J T Djaje, A H Petersen, A Reddy

The Full Court dismissed a criminal appeal against conviction, upholding findings of murder, firearm, ammunition and explosives offences on circumstantial evidence and common purpose.

• Common Purpose
• Dolus Eventualis
• Joint Possession
• Firearms Control Act
• Explosives Act
• Circumstantial Evidence

Reagoma Catering and Consulting Services CC and Another v R.M.R (2024-024332)

Reagoma Catering and Consulting Services CC and Another v R.M.R (2024-024332) [2024] ZAGPPHC 279 (25 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-024332

Judge

Cowen

Urgent spoliation application partly succeeded: the court restored joint possession of a vehicle used by the first applicant’s business and regulated access to personal belongings.

• Spoliation
• Urgent Interdict
• Domestic Violence Act
• Joint Possession
• Restoration Of Possession
• Urgent-application

Samuel v S (CA 100/2018)

Samuel v S (CA 100/2018) [2024] ZANWHC 20 (8 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 100/2018

Judges

Hendricks JP, Mmolawa AJ

The High Court upheld the appeal, set aside the conviction and sentence on six counts, and held the State had not proved the appellant’s guilt beyond reasonable doubt.

• Admissibility Of Evidence
• Confession And Rights
• Joint Possession
• Common Purpose
• Burden Of Proof
• Criminal-appeal

Sebidi and Others v S (CA 48/22)

Sebidi and Others v S (CA 48/22) [2023] ZANWHC 151 (29 August 2023)

Court

North West High Court, Mafikeng

Case number

CA 48/22

Judges

Reddy, FMM Reid

The appeal court found that the conviction of the second appellant for robbery with aggravating circumstances was justified, as the circumstantial fingerprint evidence placed him at the scene and his alibi was not reasonably possibly true. The court held that the Regional Magistrate erred in conflating the doctrines of common purpose and joint possession regarding the firearm and ammunition charges. There was no evidence that all appellants had the requisite intention or physical control to establish joint possession of the firearm and ammunition; thus, those convictions and sentences were se…

Source excerpt

• Robbery With Aggravating Circumstances
• Firearms Control Act
• Joint Possession
• Common Purpose
• Sentencing Discretion
• Alibi Evidence

Kbelo and Another v S (A200/2018)

Kbelo and Another v S (A200/2018) [2023] ZAGPJHC 558 (25 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A200/2018

Judges

Bhoola, Ramlal

Appeal partly succeeded: robbery convictions were set aside, one appellant was convicted of possession of suspected stolen property, and the other was acquitted.

• Circumstantial Evidence
• Doctrine Of Recent Possession
• Identification Evidence
• Contradictions In Testimony
• Minimum Sentence Act
• Joint Possession