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South Africa decisions
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Charisma Properties (Pty) Limited v Woodstar & Co (Pty) Limited (41129/2019) [2021] ZAGPJHC 106 (29 July 2021)
The High Court refused summary judgment after finding a bona fide factual dispute over who was the true lessee of the premises.
Raphotle v S (A77/2015) [2020] ZALMPPHC 94 (4 September 2020)
Appeal against a robbery conviction succeeded after the High Court found a material irregularity in restricting cross-examination on a police statement.
Ndlovu v Minister of Police (2014/15210) [2016] ZAGPPHC 807 (9 September 2016)
The court found that the plaintiff's arrest and detention were unlawful as the police failed to act reasonably in verifying her identity, despite clear indications that she was not the person sought in the warrant. Section 46(1) of the Criminal Procedure Act does not render the arrest lawful or exempt the State from liability; it only exempts the individual officer. The defendant failed to discharge the onus of justification. The chain of causation was not broken by the plaintiff's court appearance, as the initial unlawful arrest triggered the subsequent detention. The plaintiff was entitled…
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Mazantsana v S (A593/2015) [2016] ZAGPPHC 751 (25 August 2016)
Appeal court upheld a conviction for sexual assault of a child, rejected mistaken-identity arguments, and substituted the sentence with a partly suspended term.
S v Matjeke (049/2016) [2016] ZAGPJHC 130 (3 June 2016)
The court convicted the accused of premeditated murder and robbery after he drove back to avenge a shooting, but acquitted him on driving charges.
Moeketsi v S (172/2015) [2015] ZAGPJHC 312 (30 November 2015)
The High Court dismissed a criminal appeal against conviction and sentence for robbery with aggravating circumstances, rejecting mistaken identity and upholding the minimum sentence.
Maqala v S (A382/2014) [2015] ZAGPJHC 80 (14 May 2015)
The High Court upheld a murder conviction based on single-witness identification, but reduced the sentence from life imprisonment to 20 years.
Heinning v S (CA 04/2011) [2011] ZANWHC 95 (22 September 2011)
The High Court dismissed a criminal appeal against conviction for robbery, finding no mistaken identity and holding that the complainant’s single-witness evidence was reliable.
Payne v Minister of Safety and Security and Others (21226/2004) [2010] ZAGPPHC 559 (5 February 2010)
High Court action dismissed after finding the arresting officer reasonably relied on a warrant and matching identity details under section 46(1) of the CPA.
S v Abrams [2009] ZAFSHC 48 (2 April 2009)
On review, the Free State High Court set aside a conviction and sentence imposed on the wrong person after a mistaken-identity error in the magistrates’ court.
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