South Africa Case Law

Dumisa v S (CA 80/2019)

Dumisa v S (CA 80/2019) [2021] ZANWHC 67 (10 September 2021)

Court

North West High Court, Mafikeng

Case number

CA 80/2019

Judges

R D Hendricks, A M Mthembu

The court found that although the appellant's explanation for the delay in prosecuting the appeal was unsatisfactory, the reasonable prospects of success on the merits justified the granting of condonation. The conviction was based almost exclusively on an alleged confession to Mr. Pela, which was inconsistent, lacked corroboration, and was contradicted by other evidence, including the ballistic report. The trial court failed to properly assess these discrepancies and overlooked material evidence, amounting to a misdirection. The appellant's version was reasonably possibly true, and the State…

Source excerpt

• Condonation For Late Appeal
• Murder
• Confession Evidence
• Onus Of Proof
• Misdirection By Trial Court

Mtsumbei v S (A11/2020)

Mtsumbei v S (A11/2020) [2020] ZAGPPHC 428 (24 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A11/2020

Judges

D Makhoba, S Madiba

The High Court upheld an appeal against conviction on two counts, finding the single-witness identification evidence insufficient and not reliably corroborated.

• Identification Evidence
• Single Witness Rule
• Robbery With Aggravating Circumstances
• Misdirection By Trial Court
• Criminal-law
• Single-witness-evidence

Monyane and Another v S (A77/2018)

Monyane and Another v S (A77/2018) [2019] ZAFSHC 10 (18 February 2019)

Court

Free State High Court, Bloemfontein

Case number

A77/2018

Judges

DAFFUE, MATHEBULA

The High Court upheld an appeal against assault convictions, finding the trial court misdirected itself in evaluating contradictory evidence and acquitted both appellants.

• Appeal Against Conviction
• Single Witness Evidence
• Reasonable Doubt
• Evaluation Of Evidence
• Misdirection By Trial Court
• Criminal-appeal

Kwahla v S (CA&R29/2015)

Kwahla v S (CA&R29/2015) [2015] ZAECGHC 89 (9 September 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 29/2015

Judges

G Goosen, M Lowe

The High Court upheld an appeal against rape convictions, finding the trial court misdirected itself by accepting the complainant’s evidence without proper caution.

• Rape
• Single Witness Cautionary Rule
• Misdirection By Trial Court
• Corroboration
• Appeal Procedure
• Criminal-law

Masilo v S (A16/2012)

Masilo v S (A16/2012) [2013] ZAFSHC 145 (29 August 2013)

Court

Free State High Court, Bloemfontein

Case number

A16/2012

Judges

N.W. Phalatsi, K.J. Moloi

The High Court upheld an appeal against a robbery conviction, finding the trial court misdirected itself on the alibi and unreliable identification evidence.

• Robbery With Aggravating Circumstances
• Alibi Defence
• Identity Parade
• Misdirection By Trial Court
• Alibi-defence
• Identity-parade

Moahlodi v S (A165/2012)

Moahlodi v S (A165/2012) [2012] ZAGPPHC 195 (31 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

A165/2012

Judges

Teffo, Preller

The High Court held that breaking a liquor store window without entry did not prove housebreaking with intent to steal. The conviction was replaced with malicious damage to property.

• Malicious Damage To Property
• Housebreaking
• Intent To Steal
• Misdirection By Trial Court
• Malicious-damage-to-property
• Criminal-appeal

S v Jonas (586/97)

S v Jonas (586/97) [2000] ZASCA 96 (12 May 2000)

Court

Supreme Court of Appeal

Case number

586/97

Judges

Vivier, Schutz, Mpati

The appeal court set aside Jonas’s convictions after finding serious misdirections, flawed credibility assessments, and that self-defence was not properly rejected.

• Self Defence
• Onus Of Proof
• Credibility Of Witnesses
• Misdirection By Trial Court
• Firearm Offences
• Self-defence

S v Morrow (382/95)

S v Morrow (382/95) [1996] ZASCA 4 (28 February 1996)

Court

Supreme Court of Appeal

Case number

382/95

Judges

R M Marais, Smalberger, Vivier

The Supreme Court of Appeal set aside a fraud conviction after finding material misdirections in evaluating identification evidence and the appellant’s alibi.

• Identification Evidence
• Misdirection By Trial Court
• Alibi Defence
• Re-evaluation Of Evidence
• Criminal-law
• Identification-evidence