South Africa Case Law

S v Zimele and Others (CC16/2020)

S v Zimele and Others (CC16/2020) [2022] ZAECMHC 55 (24 March 2022)

Court

Eastern Cape High Court, Mthatha

Case number

CC16/2020

Judge

RWN Brooks

The Court found that the State failed to prove beyond a reasonable doubt that the confession statement made by accused 3 was obtained freely and voluntarily, as required by Section 217 of the Criminal Procedure Act. The evidence presented by the police officers regarding the explanation of constitutional rights was unreliable and did not adequately demonstrate that accused 3 was properly informed of his rights prior to making the statement. The circumstantial evidence presented by the State, including the recovery of a firearm and the presence of accused 4 near the scene, did not exclude othe…

Source excerpt

• Admissibility Of Confessions
• Constitutional Rights Of Accused
• Section 174 Discharge
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Murder Of Police Officer

Khanyile v S (A841/2014)

Khanyile v S (A841/2014) [2015] ZAGPPHC 711 (11 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

A841/2014

Judges

Tlhapi V V, Moshidi D S S, A A Louw

The High Court dismissed an appeal against sentence for murder and related offences, holding that life imprisonment was not disproportionate despite pre-trial custody.

• Sentencing Principles
• Minimum Sentences
• Substantial And Compelling Circumstances
• Murder Of Police Officer
• Mitigation Of Sentence
• Time Spent Awaiting Trial