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South Africa decisions
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Meintjies v S (Appeal) (A177/2024) [2025] ZAWCHC 239 (4 June 2025)
The High Court dismissed an appeal against a robbery conviction, finding the complainant’s identification reliable and the State’s case proved beyond reasonable doubt.
Rathebe v S (1571/2024) [2025] ZASCA 73 (30 May 2025)
The Supreme Court of Appeal found that the only evidence presented by the State against the appellant was the uncorroborated testimony of a single witness, which did not meet the high threshold of proof beyond reasonable doubt required for conviction. The appellant's version was exculpatory and supported by the evidence, and the trial court erred in its assessment by failing to consider alternative explanations for the complainant's injuries and by not giving the appellant the benefit of the doubt. The Court emphasized the constitutional rights to a fair trial and equal treatment, holding tha…
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Mjekula and Another v S (CA17/2019) [2024] ZANWHC 174 (10 July 2024)
The High Court upheld an appeal against rape convictions, set aside the life sentences, and ordered the appellants’ release after finding material evidential contradictions.
Dlamini and Another v S (A189/2023) [2024] ZAGPPHC 575 (27 June 2024)
The High Court upheld an appeal against rape and assault convictions, finding material contradictions in the complainant’s evidence and insufficient proof beyond reasonable doubt.
Ngonhamo and Another v S - Appeal (A309/2022) [2023] ZAGPPHC 1870 (24 October 2023)
The court found that the trial court misdirected itself in its application of the principles of circumstantial evidence and the doctrine of common purpose. The trial court failed to require forensic analysis of the blood found in the vehicle, relying instead on subjective impressions, which did not meet the standard of proof beyond reasonable doubt. The inference drawn from the appellants' silence was improperly treated as a self-created risk, undermining the constitutional right to remain silent. The evidence was insufficient to establish a direct link between the appellants, particularly th…
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S v D.S [2023] ZAGPPHC 352; A103/2022 (23 May 2023)
The court found that the Magistrate did not materially misdirect herself in evaluating the evidence and accepting the complainant's version over the appellant's. The conviction for robbery was upheld, but the State failed to prove aggravating circumstances, specifically grievous bodily harm, due to the absence of medical evidence. Consequently, the minimum sentencing legislation did not apply, and the sentence of 15 years' imprisonment was inappropriate. The court imposed a fresh sentence of five years' imprisonment, antedated to the original sentencing date. The appellant's previous convicti…
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Mabuso v S (A005/2021) [2023] ZAGPJHC 140 (13 February 2023)
The appeal was upheld because the state failed to prove beyond reasonable doubt that the shots fired from the vehicle were directed at the police and failed to establish who among the occupants fired the shots. Furthermore, the state did not allege or prove that the appellant acted in furtherance of a common purpose. In light of these deficiencies, the conviction and sentence could not stand.
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Ngwenya v S (A144/2018) [2022] ZAGPPHC 87 (10 February 2022)
The appeal court found that the identification evidence was unreliable and fraught with inconsistencies. The witnesses' descriptions of the assailants were vague, contradictory, and not properly recorded in their statements or confirmed by the investigating officer. The circumstantial evidence did not exclude other reasonable inferences, and the appellant's alibi was supported by his sister without any credibility finding against her. The trial court misdirected itself in its factual findings and failed to properly assess the reliability of the identification evidence. The prosecution did not…
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Mdini v S (A045/2021) [2021] ZAGPJHC 613 (23 September 2021)
Appeal against a rape conviction dismissed. The High Court held that the complainant’s evidence, medical findings, and surrounding circumstances proved non-consensual intercourse beyond reasonable doubt.
Ngubeni v S (A8/2020) [2020] ZAGPPHC 693 (16 September 2020)
The High Court dismissed an appeal against conviction for robbery with aggravating circumstances, finding the complainant’s identification evidence reliable.
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