South Africa Case Law

Sigcawu v S (A47/2021)

Sigcawu v S (A47/2021) [2021] ZAWCHC 137; 2022 (1) SACR 77 (WCC) (28 July 2021)

Court

Western Cape High Court, Cape Town

Case number

A47/2021

Judges

Henney, Pangarker

The court held that the regional magistrate did not misdirect herself in admitting and relying on the deceased's dying declaration as hearsay evidence. The appellant, represented by counsel, did not object to the admission of this evidence, which amounted to consent under section 3(1)(a) of the Law of Evidence Amendment Act. Even if section 3(1)(c) were considered, the interests of justice supported the admission of the evidence, given its reliability, corroboration by independent witnesses, and the absence of any cogent reason for the deceased to falsely implicate the appellant. The evidence…

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• Admissibility Of Hearsay
• Dying Declaration
• Law Of Evidence Amendment Act
• Fair Trial Rights
• Murder Conviction

Pillay v S (A221/2020)

Pillay v S (A221/2020) [2020] ZAGPPHC 768 (17 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

A221/2020

Judge

N V Khumalo

The court found that the magistrate correctly exercised discretion in refusing bail. Although the appellant was not a flight risk and had personal circumstances in his favour, the seriousness of the murder conviction, the prevalence of violent crime, the strength of the case against him, and the risk of further interference with vulnerable state witnesses outweighed these factors. The appellant's prospects of success on appeal were not established, as leave to appeal was granted primarily to allow new evidence, not because another court was likely to reach a different conclusion. The cumulati…

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• Bail Application
• Murder Conviction
• Balance Of Probabilities
• Interference With Witnesses
• Prospects Of Success On Appeal

Mabe and Another v S (A204/2019)

Mabe and Another v S (A204/2019) [2020] ZAFSHC 36 (10 February 2020)

Court

Free State High Court, Bloemfontein

Case number

A204/2019

Judges

MA Mathebula, A Ramlal

Appeal against murder conviction dismissed after the High Court found a single witness’s evidence credible, satisfactory, and properly cautioned.

• Single Witness Evidence
• Cautionary Rule
• Credibility Findings
• Murder Conviction
• Single-witness-evidence
• Cautionary-rule

Gwababa v S (CC104/13)

Gwababa v S (CC104/13) [2018] ZAGPPHC 924 (10 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

CC104/13

Judge

BAM

The High Court dismissed an application for bail pending appeal, holding that leave to appeal alone does not justify release and that justice did not favour bail.

• Bail Pending Appeal
• Prospects Of Success
• Murder Conviction
• Bail-pending-appeal
• Murder-conviction
• Prospects-of-success

Nqaba v S (CC27/2016)

Nqaba v S (CC27/2016) [2018] ZAECPEHC 53 (11 October 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC27/2016

Judge

Goosen

The court found that the applicant failed to demonstrate real prospects of success in his appeal against conviction and sentence. The trial court's main judgment described the evidence against the applicant as overwhelming, including identification by a police officer and DNA evidence linking the applicant to the crime scene. The applicant did not address the prospects of success in his application or evidence, and the reasons for granting leave to appeal were not available. The court held that the applicant's circumstances, such as supporting a disabled child and discomfort in prison, were n…

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• Bail Pending Appeal
• Murder Conviction
• Firearms Control Act
• Exceptional Circumstances
• Risk Of Flight

Panayiotou and Others v S (CC26/2016)

Panayiotou and Others v S (CC26/2016) [2018] ZAECPEHC 21 (17 May 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC26/2016

Judge

Chetty

The High Court dismissed three convicted applicants’ leave-to-appeal applications, finding no reasonable prospects of success or other compelling reason to hear the appeal.

• Leave To Appeal
• Reasonable Prospect Of Success
• Superior Courts Act
• Criminal Procedure Act
• Murder Conviction
• Leave-to-appeal

Pataka v S (A337/2017)

Pataka v S (A337/2017) [2018] ZAGPJHC 73; 2018 (2) SACR 135 (GJ) (23 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A337/2017

Judge

Dosio

The court held that the appellant failed to discharge the onus required under section 60(11)(b) of the Criminal Procedure Act 51 of 1977 to show that it was in the interests of justice to grant bail pending appeal. The appellant relied solely on affidavit evidence, which was less persuasive than viva voce evidence and could not be tested by cross-examination. There was no verification of his address or employment, and no confirmatory affidavits from his employer or family. The seriousness of the offence, the sentence imposed, and the lack of guarantees against absconding weighed against the a…

Source excerpt

• Bail Pending Appeal
• Murder Conviction
• Interests Of Justice
• Onus Of Proof
• Schedule 5 Offence

Malele and Others v S (723/2016)

Malele and Others v S (723/2016) [2017] ZASCA 173 (1 December 2017)

Court

Supreme Court of Appeal

Case number

723/2016

Judges

Navsa, Swain, Mathopo, Mokgohloa, Ploos van Amstel

The Supreme Court of Appeal granted leave to appeal against murder convictions arising from a police arrest incident, finding possible error in the common-purpose analysis.

• Common Purpose
• Murder Conviction
• Leave To Appeal
• Mens Rea
• Association
• Causation

Schoombee and Another v S (CCT154/16)

Schoombee and Another v S (CCT154/16) [2016] ZACC 50; 2017 (5) BCLR 572 (CC); 2017 (2) SACR 1 (CC) (15 December 2016)

Court

Constitutional Court

Case number

CCT154/16

Judges

Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo

The Constitutional Court dismissed a leave to appeal application, holding that a reconstructed criminal trial record was adequate for a fair appeal despite an imperfect reconstruction process.

• Fair Trial Rights
• Appeal Record Reconstruction
• Waiver Of Rights
• Section 35 Constitution
• Life Imprisonment
• Murder Conviction

Gwababa v S (1290/16)

Gwababa v S (1290/16) [2016] ZASCA 200 (7 December 2016)

Court

Supreme Court of Appeal

Case number

1290/16

Judge

MML Maya

The Supreme Court of Appeal granted condonation and referred its earlier refusal of special leave to appeal for reconsideration, citing possible grave injustice.

• Leave To Appeal
• Superior Courts Act Section 17
• Common Purpose
• Dolus Eventualis
• Condonation
• Murder Conviction