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South Africa decisions
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S v Lawrence (CC16/2019) [2024] ZAWCHC 238 (12 June 2024)
The High Court convicted Wayne Henry Lawrence of murder, attempted murder, domestic violence-related offences, firearm offences, and defeating justice.
S v Nojozi (3/2022) [2022] ZAECBHC 3; 2022 (1) SACR 662 (ECB) (17 March 2022)
The High Court set aside a conviction for breaching a protection order, finding the admitted facts did not clearly establish a prohibited breach or intent.
Killian v S (25/201/2021) [2021] ZAWCHC 144; 2021 (2) SACR 371 (WCC) (3 August 2021)
On automatic review, the High Court corrected an imprecise suspended sentence condition after a domestic violence conviction, replacing it with a clearer formulation.
C.A.R v Minister of Safety and Security (7357/2012) [2017] ZAWCHC 100; 2017 (2) SACR 610 (WCC) (11 August 2017)
The court found that the police officer, Forbes, acted rationally and within the boundaries of the Domestic Violence Act. He investigated the complaint, considered the complainant's fear, the contents of the Plaintiff's email, and the Plaintiff's breach of the protection order. Forbes did not act on mere hysteria or insufficient information but conducted further investigation, including obtaining affidavits and contacting relevant parties. The discretion to arrest was exercised for the purpose of bringing the Plaintiff to justice, and the Plaintiff was brought before the magistrate as soon as…
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Mamabolo v S (CC94/2013) [2015] ZAGPPHC 894 (6 October 2015)
The High Court granted condonation for a late appeal application but refused leave to appeal against murder and related convictions and sentence.
Director of Public Prosecutions v Phillips (271/2011) [2011] ZASCA 192; 2013 (1) SACR 107 (SCA) (14 November 2011)
Appeal against sentence succeeded after the SCA found the trial court misdirected itself and imposed a globular sentence in a domestic-violence murder matter.
S v Sibiya (461/09) [2009] ZAGPPHC 173; 2010 (1) SACR 284 (GNP) (11 August 2009)
On review, the High Court confirmed Lucky Sibiya’s conviction for breaching a protection order but replaced direct imprisonment with a wholly suspended sentence.
S v Johnson (SS 18 / 2008) [2009] ZAWCHC 46 (5 March 2009)
The High Court confirmed rape convictions on three counts and one breach-of-protection-order conviction, but set aside a second breach count.
Mohlabeng v Minister of Safety and Security (34796/2005) [2008] ZAGPHC 16 (28 January 2008)
The court found that the police failed to exercise the required discretion under section 8(4)(b) of the Domestic Violence Act when arresting the plaintiff. The warrant of arrest did not override the statutory obligation to consider whether there were reasonable grounds to suspect imminent harm. The evidence showed no such grounds existed, and the arrest was motivated by malice and disregard for the plaintiff's rights. The plaintiff's arrest and detention were therefore unlawful. The court awarded general damages for emotional shock, impairment of dignity, and deprivation of liberty, but decli…
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