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South Africa decisions
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Tumelo Donald Maketekete and Others v The State (A84/2023) [2025] ZAFSHC 198 (25 June 2025)
Appeal against conviction and sentence dismissed after the court upheld police identification evidence arising from public unrest and confirmed 18 months' correctional supervision.
Bheme and Another v Minister of Police (15/43294) [2024] ZAGPJHC 791 (20 August 2024)
The court found that the plaintiffs' versions were fraught with material contradictions and improbabilities, particularly regarding their alleged locations at the time of arrest and their involvement in the protest action. The documentary evidence and the testimony of Sergeant Mooka were preferred, as they were consistent, credible, and supported by probabilities. The court held that the arresting officer had reasonable suspicion to arrest the first plaintiff for public violence, satisfying the jurisdictional requirements under section 40(1) of the Criminal Procedure Act. Although the officer…
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Burwana v S (CA & R 82/2024) [2024] ZAECBHC 14 (7 June 2024)
The magistrate materially misdirected himself by failing to consider and weigh all the factors presented by the appellant, both individually and cumulatively, in determining whether exceptional circumstances existed. The magistrate relied on speculative and unsupported inferences regarding public disorder and failed to balance these against the appellant's personal circumstances and the interests of justice. The appeal court found that the appellant had discharged the onus of establishing exceptional circumstances and that the interests of justice permitted his release on bail, subject to app…
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S v Mabilu and Others (CC66/2018) [2022] ZALMPPHC 19 (31 March 2022)
High Court acquitted all accused on charges of murder, arson, malicious damage to property and public violence, finding the State’s single-witness evidence unreliable.
Mabotse v Minister of Police (1495/2018) [2021] ZANWHC 32 (5 August 2021)
The High Court held that Mabotse’s arrest and detention were lawful under section 40 of the CPA and dismissed his damages claim with costs.
Matati v S (A374/19) [2020] ZAGPPHC 680 (26 October 2020)
The High Court upheld an appeal against sentence for public violence and replaced three years' direct imprisonment with one year wholly suspended.
Jobe and Others v Minister of Police (2228/2016) [2020] ZANCHC 50 (24 July 2020)
The court found that the police discharged the onus to justify the arrests under section 40(1)(a) of the Criminal Procedure Act, as the plaintiffs were identified as active participants in violent protest actions, including public violence and contraventions of road traffic legislation. The plaintiffs' evidence was inconsistent, unreliable, and in several cases, absent, as many did not testify to rebut the police's prima facie case. The twelfth plaintiff's arrest under warrant was found lawful, as credible evidence established the warrant's existence and execution, despite its loss. The subse…
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Ndlela and Others v S (SH187/2018; AR252/2019) [2020] ZAKZPHC 27 (16 June 2020)
The court held that the facts admitted by the appellants in their s 112(2) statements established all elements of public violence: unlawful assembly, common intent, and conduct of serious dimensions that invaded the rights of others and disturbed public peace. The absence of physical violence does not preclude conviction where force or invasion of rights is present. The court found that the trial court's reliance solely on the statements was proper under s 112(2) of the Criminal Procedure Act. Regarding sentence, the court determined that the sentences imposed were disproportionate given the…
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Lingen and Others v Minister of Police (1268/2015) [2020] ZANCHC 19 (14 May 2020)
The High Court held that the plaintiffs were lawfully arrested for public violence and dismissed their claims for unlawful arrest and detention with costs.
Mokwena v Johannesburg Metropolitan Municipality and Another (A3048/2019) [2019] ZAGPJHC 472 (11 November 2019)
High Court appeal over unlawful arrest and detention after a protest-related arrest was dismissed; the court held the arrest and detention were lawful and awarded costs.
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