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South Africa decisions
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Wapi v S (Appeal) (CA&R 11/2023) [2025] ZAECBHC 8 (8 April 2025)
The High Court upheld an appeal against a rape conviction, finding the trial court failed to properly assess the evidence, the accused’s version, and the single-witness cautionary rule.
P.M v S (CA 43/22) [2025] ZANWHC 46; [2025] 2 All SA 514 (NWM) (5 March 2025)
The appeal succeeded because the appellant was denied a fair trial. The Magistrate failed to allow the appellant to call crucial witnesses, including his eldest child, and improperly curtailed cross-examination. The Magistrate conflated the criminal trial with a maintenance enquiry, failed to consider relevant documentary evidence of payments, and did not properly investigate the appellant's means or intent. These procedural irregularities vitiated the proceedings, rendering the conviction and sentence unsustainable. The best interests of the children and the appellant's constitutional rights…
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S v Mlambo (CC77/22) [2025] ZAGPPHC 237 (3 March 2025)
The High Court convicted the accused of unlawful possession of a prohibited firearm and ammunition after finding the police evidence and a recorded admission credible.
Yurell v S (Appeal) (CA & R: 55/2024) [2025] ZANCHC 16 (28 February 2025)
The court found that the complainant's evidence was credible, corroborated by independent witnesses and medical findings. The appellant's version was rejected as not reasonably possibly true and contradicted by the weight of the evidence. The complainant's submission to sexual intercourse was due to intimidation, threats, and physical violence, not consent. The trial court's application of the cautionary rule was correct, and the sequence of assault and rape justified the application of the Minimum Sentences Act. The appellant's arguments regarding misdirection, consent, and the relevance of…
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S v Maqhiza and Others (SS002/2023) [2024] ZAGPJHC 1324 (4 December 2024)
The Court found that the evidence of the State witnesses was credible, corroborated on material aspects, and placed the accused in possession of weapons and actively participating in the stabbing of Siyabonga and the murder of the deceased. The accused's denial and attempt to shift blame to the third group were not reasonably possibly true, given the overwhelming evidence, their conduct, and lack of early exculpatory statements. The accused acted in concert, armed, and with common purpose, manifesting the requisite mens rea for murder. The doctrine of common purpose applied, rendering all six…
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Mashego v S (A173/2024) [2024] ZAGPPHC 1293 (27 November 2024)
High Court appeal overturning a rape conviction because, although consent was invalid due to mistaken identity, the State failed to prove mens rea.
D.B.N v L.P.C (A57/2024) [2024] ZAGPPHC 1021 (16 October 2024)
The High Court upheld an appeal against a contempt finding in a child-residence dispute, holding that contempt was not proved beyond reasonable doubt.
Rajah and Another v S (A102/2024) [2024] ZAWCHC 260 (12 September 2024)
The High Court upheld the appeal and set aside convictions for theft and perjury arising from a construction payment dispute and affidavit errors.
Rahim v S (C875/2021) [2024] ZAKZPHC 64 (14 August 2024)
The High Court set aside an assault GBH conviction, finding no proof of intent and holding the grocery-packet incident was too trivial to sustain a conviction.
S v Mabita (CC66/2023) [2024] ZAGPPHC 739 (1 August 2024)
The High Court convicted Chris Mabita of murder after accepting his Section 112(2) guilty plea as covering all elements of the offence.
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