South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2025] ZAWCHC 271 (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

LekhULENI

The court held that the State may apply for the admission of hearsay evidence either under s 222 of the Criminal Procedure Act read with s 34 of the Civil Proceedings Evidence Act, or under s 3(1)(c) of the Law of Evidence Amendment Act. The statutory exceptions established prior to 1988 remain in force, and the introductory phrase 'subject to the provisions of any other law' in s 3(1)(c) facilitates alternative avenues for admissibility. If the requirements of s 34 are met, the statements are admissible as a matter of law; if not, the court may still admit the evidence under s 3(1)(c) if it…

Source excerpt

• Hearsay Evidence
• Admissibility Of Documentary Evidence
• Constitutional Right To Fair Trial
• Criminal Gang Activity
• Photo Identification Parade
• Witness Intimidation

Matikinga and Others v S (13/2020)

Matikinga and Others v S (13/2020) [2021] ZAECGHC 73 (3 August 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

13/2020

Judges

Notyesi, Makaula

The High Court dismissed a criminal appeal against convictions for robbery with aggravating circumstances, holding that identification evidence was reliable and the 15-year sentence stood.

• Robbery With Aggravating Circumstances
• Identification Evidence
• Photo Identification Parade
• Minimum Sentencing
• Appeal Against Conviction
• Appeal Against Sentence

Mavangwana v S (A81/2006)

Mavangwana v S (A81/2006) [2007] ZAWCHC 98 (2 November 2007)

Court

Western Cape High Court, Cape Town

Case number

A81/2006

Judges

Dicker, Davis

The court dismissed an appeal against convictions for murder and attempted murder, holding that the complainant’s identification evidence was reliable despite alleged irregularities.

• Identification Evidence
• Single Witness Rule
• Photo Identification Parade
• Alibi Defence
• Murder
• Attempted Murder