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South Africa decisions
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Simon v S (Appeal) (A06/2024) [2025] ZALMPPHC 142 (30 July 2025)
High Court appeal dismissed in a murder conviction. The court held that the appellant’s private-defence version was not reasonably possibly true.
Mbombi v Minister of Police (74946/2019) [2025] ZAGPPHC 526 (22 May 2025)
The High Court dismissed a damages claim arising from a police shooting, finding the plaintiff failed to prove unlawful conduct and accepting self-defence.
Zide v Xhobani Security Services and Another (CA 50/2023) [2025] ZAECMHC 5 (11 February 2025)
Appeal dismissed in a shooting-injury claim arising from a student protest. The court found the appellant unreliable, and held the force used was justified.
Bomvana v S (AR 66/23) [2024] ZAKZPHC 124 (20 December 2024)
The High Court dismissed a murder appeal arising from a road-rage shooting, rejecting putative self-defence and confirming a 10-year sentence.
Stone v Ivanisevic and Another (4170/2019) [2024] ZAWCHC 419; [2025] 1 All SA 751 (WCC) (12 December 2024)
High Court delict case over a water polo punch: the first defendant was liable, but the school was not. The court found no prior record and no breach by the school.
Edwards v Minister of Police (2021/21842) [2024] ZAGPJHC 1143; 2025 (1) SACR 364 (GJ) (11 November 2024)
The court found the defendants' version more probable than the plaintiff's. The crowd was not peaceful but agitated and violent, refusing to disperse and threatening police and public safety. The SAPS attempted to negotiate and persuade the crowd to leave, but when these efforts failed, they used a stun grenade and fired rubber bullets. The court held that the police were protecting legal interests against a dangerous situation and had no other reasonable means of averting the danger. The force used was not excessive under the circumstances. The requirements for the defence of private defence…
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Ramthal v S (704/2023) [2024] ZASCA 124 (13 September 2024)
The Supreme Court of Appeal granted leave to appeal against a murder conviction and sentence, finding the private-defence issues deserved appellate consideration.
Ndlela v S (AR 534/2017) [2024] ZAKZPHC 52 (3 July 2024)
The court found that the appellant's version of events was reasonably possibly true and that the requirements for private defence were met. The deceased was the aggressor, armed with a dangerous weapon, intoxicated, and had a history of violence against the appellant. The appellant acted in response to an imminent threat, with no reasonable opportunity to escape. The evidence did not support a finding of disproportionality or intent to kill beyond reasonable doubt. The trial court misdirected itself by rejecting the appellant's version and failing to properly apply the principles of private d…
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Mudlay v S (AR 356/2020) [2024] ZAKZPHC 45 (14 June 2024)
The High Court dismissed a criminal appeal against conviction and sentence for assault after the appellant admitted striking his wife and failed to establish private defence.
Mkwebula v S (A188/2023) [2024] ZAGPPHC 376 (15 April 2024)
The court found that while the initial act of stabbing the deceased could be justified as self-defence, the subsequent five stab wounds inflicted after the deceased was no longer a threat constituted excessive force and aggression. The appellant admitted awareness of the possible fatal consequences of his actions. The court held that there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence. The number of stab wounds was aggravating, and the appellant's actions after the threat had ceased could not be regarded as an excusable human reacti…
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