South Africa Case Law

Mongale v S (K/S 4/2023)

Mongale v S (K/S 4/2023) [2025] ZANCHC 21 (14 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

K/S 4/2023

Judge

MC Mamosebo

The court found that the applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. The evidence of the minor witnesses was admissible, as the intermediary was properly appointed and interpretation was conducted by a sworn interpreter. The refusal to call Mosioa Pheke Shomoleile as a witness was not a mistake, as the defence was free to call any witness. The alleged contradictions in the State's case were immaterial and adequately addressed, with sufficient corroboration. Dr Kanaomang's evidence did not support the applicant's version regardi…

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• Admissibility Of Evidence
• Leave To Appeal
• Credibility Of Witnesses
• Reasonable Doubt
• Calling Of Witnesses

Bonge v S (A106/2024)

Bonge v S (A106/2024) [2025] ZAFSHC 90 (6 March 2025)

Court

Free State High Court, Bloemfontein

Case number

A106/2024

Judges

Mhlambi, S. Grobler

The court found that the Magistrate erred by applying a test of mere probability rather than the standard of proof beyond reasonable doubt. The contradictions and inconsistencies in the complainant's version, her conduct after the alleged incidents, and the lack of corroboration from witnesses and medical evidence rendered the State's case insufficient. The complainant did not report rape to witnesses, and her actions were inconsistent with those of a person who had been raped. The court held that the State failed to prove the appellant's guilt beyond reasonable doubt, and the conviction coul…

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• Rape
• Burden Of Proof
• Reasonable Doubt
• Contradictory Evidence
• Sexual Offences Act
• Criminal Procedure

Ngubane v S (A41/2020)

Ngubane v S (A41/2020) [2024] ZAGPJHC 1302 (23 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A41/2020

Judges

Yacoob, Bokako

The High Court upheld an appeal against rape and kidnapping convictions, finding material contradictions, weak corroboration, and reasonable doubt.

• Rape
• Kidnapping
• Single Witness Evidence
• Burden Of Proof
• Reasonable Doubt
• Corroboration

Thokozani v S (A73/2023)

Thokozani v S (A73/2023) [2024] ZAGPJHC 512 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A73/2023

Judges

Mabesele, Kuny

Appeal against conviction for robbery with aggravating circumstances. The High Court found the identification evidence unreliable and upheld the alibi.

• Identification Evidence
• Alibi Defence
• Robbery With Aggravating Circumstances
• Reasonable Doubt
• Evaluation Of Witness Evidence
• Criminal-law

Mofo v S (CA 23/2023)

Mofo v S (CA 23/2023) [2024] ZANWHC 45 (22 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 23/2023

Judges

Hendricks, Mmolawa

The High Court upheld an appeal against conviction and sentence for robbery, finding the single-witness identification evidence unreliable and insufficient.

• Identification Evidence
• Single Witness Testimony
• Cautionary Rule
• Reasonable Doubt
• Criminal-law
• Identification-evidence

Maduna v S (A100/2023)

Maduna v S (A100/2023) [2024] ZAFSHC 47 (14 February 2024)

Court

Free State High Court, Bloemfontein

Case number

A100/2023

Judges

Mhlambi, Lekhoaba

The High Court set aside a rape conviction after finding the complainant’s evidence was not satisfactory in all material respects and reasonable doubt remained.

• Rape
• Single Witness Cautionary Rule
• Amendment Of Charge Sheet
• Credibility Of Witnesses
• Reasonable Doubt
• Criminal Procedure Act

Michael Jantjies v S (532/2022)

Michael Jantjies v S (532/2022) [2024] ZASCA 3 (15 January 2024)

Court

Supreme Court of Appeal

Case number

532/2022

Judges

Nicholls, Carelse, Matojane, Musi, Tokota

The Supreme Court of Appeal upheld Michael Jantjies’ appeal, finding the courts below misread the evidence and that the State failed to prove rape beyond reasonable doubt.

• Rape
• Single Witness Evidence
• Burden Of Proof
• Reasonable Doubt
• Evaluation Of Evidence
• Criminal-law

Syster v S - Appeal (A101/2021)

Syster v S - Appeal (A101/2021) [2023] ZAWCHC 219 (4 August 2023)

Court

Western Cape High Court, Cape Town

Case number

A101/2021

Judges

M Pangarker, G Salie

The appeal succeeded because the State failed to prove its case beyond reasonable doubt. The evidence of the Vodacom employees was inconsistent and unreliable, particularly regarding their inability to identify the appellant and the presence of a knife. The magistrate erred by accepting their evidence without proper scrutiny and by rejecting the appellant's version, which was corroborated by a State witness and not so improbable as to be reasonably possibly false. The inspection in loco was not properly recorded or subjected to challenge, and thus could not be relied upon as real evidence. Th…

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• Robbery With Aggravating Circumstances
• Credibility Of Witnesses
• Inspection In Loco
• Reasonable Doubt
• Competent Verdicts

Nardaidu v S (A52/2021)

Nardaidu v S (A52/2021) [2023] ZAGPJHC 489 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A52/2021

Judges

M M MABESELE, M P KUMALO

The High Court dismissed a criminal appeal against a fraud conviction arising from a false VAT refund claim submitted to SARS.

• Fraud
• Tax Refund Claims
• Burden Of Proof
• Reasonable Doubt
• Criminal-appeal
• Vat-refund

M.L v S (A113/2022)

M.L v S (A113/2022) [2023] ZAGPJHC 490 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A113/2022

Judges

M.M Mabesele, M.P Kumalo

The High Court upheld an appeal against convictions for kidnapping, rape and assault, finding the evidence did not prove guilt beyond reasonable doubt.

• Rape
• Kidnapping
• Assault With Intent To Cause Grievous Bodily Harm
• Single Witness Evidence
• Reasonable Doubt
• Corroboration