South Africa Case Law

Abraham v S (A395/18)

Abraham v S (A395/18) [2022] ZAGPPHC 691 (13 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

A395/18

Judges

E van der Schyff, C J van der Westhuizen

The court found that the applicant failed to present new facts sufficient to justify reconsideration of bail. The alleged new facts, including the recantation and supplementation of evidence by the applicant's former wife, were found to be suspect and inadequately explained. The court applied the principles from Liesching and Others v The State, holding that the requirements for admitting new evidence were not met: there was no reasonable explanation for the absence of the evidence at trial, no prima facie likelihood of its truth, and no material relevance established. The court concluded tha…

Source excerpt

• Bail Pending Appeal
• New Facts In Bail
• Exceptional Circumstances
• Recantation Of Evidence

Liesching and Others v S (CCT304/16)

Liesching and Others v S (CCT304/16) [2018] ZACC 25; 2018 (11) BCLR 1349 (CC); 2019 (1) SACR 178 (CC); 2019 (4) SA 219 (CC) (29 August 2018)

Court

Constitutional Court

Case number

CCT 304/16

Judges

Zondo DCJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

The Constitutional Court considered whether a witness’s post-trial recantation was an exceptional circumstance under section 17(2)(f) of the Superior Courts Act.

• Leave To Appeal
• Exceptional Circumstances
• Recantation Of Evidence
• Fair Trial Rights
• Admission Of New Evidence
• Superior Courts Act

Munyai v S (A109/2016)

Munyai v S (A109/2016) [2017] ZAGPJHC 121; [2017] 3 All SA 23 (GJ); 2017 (2) SACR 168 (GJ) (22 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A109/2016

Judges

Sutherland, Shangisa

Appeal against a rape conviction and life sentence succeeded in part: the court set aside the conviction and sentence and remitted the matter for further evidence.

• Rape
• Recantation Of Evidence
• Adducing Further Evidence On Appeal
• Credibility Of Witnesses
• Case Management
• Bail Pending Trial

Ngcobo v S (R1071/09)

Ngcobo v S (R1071/09) [2009] ZAKZPHC 51; 2010 (1) SACR 403 (KZP) (23 October 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

R1071/09

Judges

Msimang, Gorven

The High Court held a special review referral was premature because the complainant’s recantation was unsupported by sworn, tested evidence.

• Review Proceedings
• Recantation Of Evidence
• Minimum Sentencing
• Fair Trial Rights
• Criminal-review
• Complainant-recantation

S v Hanuman (593/96)

S v Hanuman (593/96) [1997] ZASCA 108; [1998] 1 All SA 254 (A) (27 November 1997)

Court

Supreme Court of Appeal

Case number

593/96

Judges

Smalberger, Howie, Zulman

The Supreme Court of Appeal refused a remittal based on the complainant’s recanting affidavit and upheld convictions and a six-year sentence for rape and indecent assault.

• Rape
• Indecent Assault
• Recantation Of Evidence
• Remittal For Further Evidence
• Credibility Of Witnesses
• Criminal-law