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South Africa decisions
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Nqana v S (A90/2024) [2025] ZAFSHC 85 (28 February 2025)
The High Court upheld an appeal against a rape conviction and life sentence, finding the trial court failed to apply caution to a single child witness with possible intellectual disability.
Jossia v S (SS134/2011) [2023] ZAGPJHC 394 (21 April 2023)
Leave to appeal against conviction and sentence was dismissed because the court found no misdirection and no basis to disturb the minimum sentence.
Kapa v S (CCT 292/21) [2023] ZACC 1; 2023 (4) BCLR 370 (CC); 2023 (1) SACR 583 (CC) (24 January 2023)
The Constitutional Court held that the admission of Ms Dasi's hearsay statement was justified under section 3(1)(c) of the Law of Evidence Amendment Act, as the interests of justice required its admission. The statement was contemporaneous, provided a first-hand account of the assault, and was corroborated by forensic, DNA, and circumstantial evidence. Although the applicant was prejudiced by the inability to cross-examine Ms Dasi, the cumulative weight of the evidence established a strong prima facie case of his involvement in the murder. The Court found that the High Court correctly admitte…
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Simelani v S (A44/2021) [2022] ZAMPMHC 25 (25 November 2022)
The appeal court found that the trial court correctly convicted the appellant of rape, as the chain of custody for the DNA evidence was adequately established through sealed reference numbers and corroborated testimony. The defence's objections regarding the SAP 13 number and the 16-day period were found to be insubstantial, as the evidence showed the kit remained sealed and untampered. The credibility of the complainant, a single witness and child, was properly assessed with caution and corroboration. However, the conviction for sexual assault was set aside because the evidence did not suppo…
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Zulu v S (AR 319/2021) [2022] ZAKZPHC 20 (13 May 2022)
The court found that the failure to explain and apply section 93ter of the Magistrate's Court Act regarding assessors constituted a fatal irregularity. The appellant was excluded from the process of electing assessors on three separate occasions, and the record did not reflect any explanation or election by the appellant. This exclusion violated the appellant's right to a properly constituted court and a fair trial. The irregularities in the handling of the application for leave to appeal and condonation further undermined the integrity of the proceedings. The court held that these irregulari…
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Morojane v S (A401/19) [2021] ZAGPPHC 795 (18 November 2021)
The court found that the identification of the appellant by Constable Mabunda was reliable, supported by sufficient lighting at the scene and corroborated by other evidence. The trial court correctly applied the cautionary rule to single witness identification and properly assessed the credibility of the witnesses. The appellant's version was found to be improbable and not reasonably possibly true. The appellate court held that there was no basis to interfere with the trial court's findings and that the conviction should stand.
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Ndlovu v S (A10/2021) [2021] ZAGPJHC 509 (13 August 2021)
The court found that the evidence of Mr. Nzimande, though singular and containing minor contradictions, was sufficiently reliable when considered with all the circumstances and supporting evidence. The hearsay statement by the deceased was not accepted for its truth but as part of the inferential reasoning, supported by the fact that the appellant was the only person behind the deceased with a knife. The court held that the circumstantial evidence excluded any reasonable inference other than the appellant's guilt. The trial court's approach to sentencing was correct, considering all relevant…
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Mula v S (A289/2018) [2019] ZAFSHC 121; 2019 (2) SACR 579 (FB) (1 July 2019)
Appeal against rape conviction succeeded after the High Court found the unrepresented accused’s trial was procedurally unfair and irregular.
Morake v Van Schalkwyk and Another (A765/2014) [2018] ZAGPJHC 611 (29 October 2018)
The court found that the applicant failed to establish any reasonable or objective grounds for apprehension of bias on the part of the magistrate. The applicant was given an opportunity to object to the constitution of the court at the outset and did not do so. The photograph of the magistrate reading a docket was not shown to be related to the applicant's case, and the evidence indicated it concerned unrelated matters. The court held that the apprehension of bias was illusory and not supported by facts. Consequently, the application for review and all ancillary orders were dismissed. The cou…
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Sebele v S (A782/2016) [2018] ZAGPPHC 654 (28 August 2018)
The High Court upheld an appeal against a murder conviction, finding the State had not proved intent to kill beyond reasonable doubt and acquitting the appellant.
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