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South Africa decisions
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S v Mlambo (CC77/22) [2025] ZAGPPHC 237 (3 March 2025)
The High Court convicted the accused of unlawful possession of a prohibited firearm and ammunition after finding the police evidence and a recorded admission credible.
S v Bhala and Others (Sentence) (CC 62/2019) [2025] ZAWCHC 61 (21 February 2025)
The court found that the murder was carefully planned and executed by all three accused, with the killing of the complainant intended to prevent her from testifying in a pending rape case. The gravity of the offence, the interests of society, and the lack of genuine remorse by the accused were weighed against their personal circumstances and the period of pre-conviction incarceration. The court held that the cumulative effect of these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for premeditat…
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Nojiyeza v S (AR185/23) [2024] ZAKZPHC 63; 2024 (2) SACR 516 (KZP) (12 August 2024)
The court found that the admissions made by the appellant's legal representative during pre-trial conferences regarding the ballistic report and chain evidence constituted formal admissions under section 220 of the Criminal Procedure Act. These admissions relieved the State of the burden to prove those facts, and the appellant did not challenge or seek to revoke them at any stage. The ballistic report was properly admitted, and the appellant's attorney had a copy, making it unnecessary to read it into the record. The evidence of the police officers was corroborated and clear regarding the rec…
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Sthabiso and Others v S (SS114/2018) [2023] ZAGPJHC 1100 (2 October 2023)
High Court refused leave to appeal against conviction and sentence in a murder and firearm matter, finding no reasonable prospect of success and upholding a 35-year effective sentence.
Rala v S - Appeal (A209/2022) [2023] ZAWCHC 240 (12 September 2023)
The court found the identification evidence of Constables Sambula and Momoza to be credible and reliable, supported by corroborating witnesses and physical evidence. The appellant's version of being an innocent passer-by was riddled with inconsistencies and improbabilities, and was correctly rejected by the magistrate. The State proved all elements of murder, robbery with aggravating circumstances, attempted murder, and possession offences beyond reasonable doubt. The appellant's criminal liability for the deceased's death was imputed on the basis of common purpose, and dolus eventualis was e…
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Sibiya v S (A49/2020) [2021] ZAGPPHC 72 (22 January 2021)
The High Court upheld an appeal against convictions for possession of a firearm and ammunition, finding the State had not proved possession beyond reasonable doubt.
Cliff v S (A157/2019) [2020] ZAGPJHC 204 (6 May 2020)
Appeal against sentence dismissed where a 35-year effective sentence for multiple robberies and firearm offences was upheld despite an incomplete record.
S v Mphetshwa and Another (CC18/2019) [2019] ZAECMHC 77 (13 December 2019)
The court found that the evidence of the State, including eyewitness testimony, DNA analysis, ballistic evidence, and confessions, was credible and consistent. The accused's versions were riddled with contradictions, bare denials, and improbabilities. The confessions and recoveries were made freely and voluntarily, and the evidence was lawfully obtained. The doctrine of common purpose applied, as both accused actively participated in the crimes. The post-mortem and medical reports corroborated the manner of death and injuries. The State proved its case beyond reasonable doubt against both acc…
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Mchunu v S (A162/2018) [2019] ZAGPPHC 243 (13 June 2019)
The High Court reduced a six-year sentence for unlawful firearm possession to three years, finding the original sentence shockingly disproportionate.
S v Njova and Others (CC43/2016) [2019] ZAECMHC 30 (7 June 2019)
The High Court convicted five accused of a string of Bizana armed robberies and related murders, relying mainly on section 204 witness evidence and corroboration.
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