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South Africa decisions
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Yosana v Director of Public Prosecutions, Western Cape (CC40/2020) [2025] ZAWCHC 263 (20 June 2025)
Second bail application based on alleged new facts dismissed. The Court held that a witness recantation, banking hardship, and trial delay did not justify release.
Schyff v S (A94/22) [2024] ZAWCHC 90 (25 March 2024)
The High Court dismissed a renewed bail application based on new facts, finding no exceptional circumstances and no basis to disturb the earlier refusal.
Nzima v S (CA109/2018) [2018] ZAECGHC 116 (12 November 2018)
The High Court dismissed an appeal against sentence for rape and robbery with aggravating circumstances, holding that the prescribed minimum sentences were properly imposed.
Mangwale v S (A744-16) [2018] ZAGPPHC 462 (25 May 2018)
The court found that the trial court correctly admitted the appellant's confessions, warning statement, and pointing-outs as evidence. There was no credible evidence that the appellant was assaulted or coerced prior to making these statements. The appellant's version was rejected as unreliable and untruthful, and the objective evidence, including medical examination and occurrence book entries, supported the voluntariness of the confessions. The existence of multiple confessions with differing details did not render them mutually destructive; rather, they consistently implicated the appellant…
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Lokhotshwayo v S (A549/14) [2015] ZAGPPHC 140 (11 February 2015)
The appeal court found that the trial court misdirected itself by failing to call for sufficient evidence in mitigation of sentence, resulting in an inadequate assessment of the appellant's personal circumstances. The cumulative effect of the sentences imposed was excessive and induced a sense of shock, warranting interference. The appeal court confirmed the conviction but set aside the sentence, substituting it with a lesser sentence and ordering all sentences to run concurrently, with the sentence antedated to the date of original sentencing.
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