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South Africa decisions
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Japhtha v S (1016/2023) [2025] ZASCA 80 (5 June 2025)
The Supreme Court of Appeal set aside a rape conviction after finding material misdirections in assessing a single witness’s unreliable and intoxicated evidence.
Sithole and Another v S (SS148/2007) [2025] ZAGPJHC 488 (22 May 2025)
Leave to appeal was refused in a sentencing dispute about whether an eight-year term should run concurrently with a later reduced sentence.
Sekabate v S (1223/2023) [2025] ZASCA 49 (25 April 2025)
The Supreme Court of Appeal set aside Thabo Joseph Sekabate’s murder conviction and sentence, finding the State had not proved the fatal stabbing beyond reasonable doubt.
Baisley v S (CA & R 244/2022) [2024] ZAECMKHC 37 (28 March 2024)
The appeal succeeded because the trial court misdirected itself by accepting the complainant's evidence as clear and satisfactory without properly scrutinizing the material contradictions and improbabilities. The appellant's version was not challenged in cross-examination, leaving her guilt in doubt. The injuries sustained by the complainant did not corroborate her version of events, and the circumstances rendered the alleged assault improbable. The State failed to prove the appellant's guilt beyond reasonable doubt, and the benefit of the doubt should have been afforded to the appellant. Con…
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Mbotho v S (AR12/2023) [2024] ZAKZPHC 28 (28 March 2024)
The High Court upheld a rape appeal, setting aside the conviction and 20-year sentence because the complainant could not identify the assailant and the medical evidence did not support penetration.
Gravitate Multi Video Content (Pty) Ltd and Another v ABSA Bank Ltd (2021-27241) [2024] ZAGPJHC 216 (4 March 2024)
The High Court dismissed an application for leave to appeal, holding that the applicants repeated arguments already rejected and showed no reasonable prospect of success.
Zwane v S (A15/2021) [2024] ZAGPPHC 191 (28 February 2024)
The High Court set aside a theft conviction after finding procedural unfairness, improper judicial intervention with an unrepresented accused, and unsafe reliance on a single witness.
Vumani Oscar Ntuli v S (1025/2022) [2023] ZASCA 150 (10 November 2023)
The Supreme Court of Appeal held that the magistrate misdirected himself by not considering pre-sentence custody when imposing sentence, and granted leave to appeal against sentence.
Ngonhamo and Another v S - Appeal (A309/2022) [2023] ZAGPPHC 1870 (24 October 2023)
The court found that the trial court misdirected itself in its application of the principles of circumstantial evidence and the doctrine of common purpose. The trial court failed to require forensic analysis of the blood found in the vehicle, relying instead on subjective impressions, which did not meet the standard of proof beyond reasonable doubt. The inference drawn from the appellants' silence was improperly treated as a self-created risk, undermining the constitutional right to remain silent. The evidence was insufficient to establish a direct link between the appellants, particularly th…
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Ndlovu v S (A121/23) [2023] ZAGPPHC 1804 (16 October 2023)
Appeal against a 38-year non-parole period succeeded. The High Court held the order exceeded section 276B and removed the non-parole period.
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