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South Africa decisions
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S v Bezuidenhout (Sentence) (CC10/2023) [2024] ZAWCHC 344 (4 October 2024)
The High Court sentenced Waydon Bezuidenhout to life imprisonment for premeditated murder, with consecutive-related terms for kidnapping and obstruction of justice running concurrently.
S v Shoba (SS36/2021) [2022] ZAGPJHC 174 (25 March 2022)
The court found that the State had proved beyond reasonable doubt that Mr. Shoba entered into an agreement with Mr. Malepane to murder Ms. P [....], motivated by the pregnancy and its consequences for his personal life. The evidence of Mr. Malepane, though requiring caution, was corroborated by cell phone records, CCTV footage, and witness testimony. The court rejected Mr. Shoba's explanation for his dealings with Mr. Malepane as false, and found no reasonable account of the facts consistent with innocence. The court concluded that Mr. Shoba knowingly and intentionally delivered Ms. P [....]…
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S v Mndawe (Sentence) (CC22/2021) [2022] ZAMPMBHC 56 (10 February 2022)
The court found that the murders were premeditated, committed over an extended period, and involved the concealment of the victims' bodies, aggravating the seriousness of the offences. The accused's personal circumstances, including his youth, lack of prior convictions, and time spent in custody, were considered but found insufficient to constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The accused did not demonstrate genuine remorse. The cumulative impact of the crimes, the manner in which the bodies were treated, and the profound…
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Cooper v Mbombela Local Municipality and Another (59120/2010) [2014] ZAGPPHC 359 (30 May 2014)
The court found that the plaintiff's conduct constituted wilful obstruction of a peace officer in the execution of his duties, as he interfered with the issuing of a traffic ticket and used vulgar language despite repeated warnings. The arresting officer, Mogale, was a traffic officer and peace officer employed by the first defendant, and the plaintiff failed to give prior notice or request for the production of a certificate of appointment. The evidence of the first defendant's witnesses was consistent and credible, while the plaintiff's version was improbable and contradicted by his own pri…
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S v Van Rooyen (SS.55/2007) [2007] ZAWCHC 332 (2 May 2008)
The court found that the accused was the last person seen with both Jessica Wheeler and Victoria Stadler. Forensic evidence, including DNA found on the victims and their clothing, was consistent with the accused's involvement. The accused's explanations were found to be evasive, inconsistent, and contradicted by credible witnesses and objective facts. The court held that circumstantial evidence, when considered holistically, excluded any reasonable possibility of innocence. The accused's attempts to defeat the ends of justice by soliciting false statements and providing misleading information…
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Van Rooyen v S (SS55/2007) [2008] ZAWCHC 321 (14 April 2008)
The High Court sentenced the accused to two life terms plus 28 years for murder, sexual assault, obstruction, and property damage, and refused leave to appeal.
S v De Ru (134/94) [1995] ZASCA 139 (23 November 1995)
The Supreme Court of Appeal found no sufficient grounds to disturb the trial court's acceptance of the evidence of Hammond, Nel, and Pienaar, whose testimonies were corroborated and not shown to be the result of improper pressure. The appellant's version of events was found to be highly improbable and inconsistent with the facts. The court held that section 49(2) of the Criminal Procedure Act did not justify the appellant's use of lethal force in the Sasolburg incident, as the circumstances did not warrant such action. The appellant's attempts to conceal the true facts constituted obstruction…
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