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South Africa decisions
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Mnisi and Others v S (A082/2022) [2024] ZAGPJHC 932 (9 September 2024)
High Court appeal from convictions arising from the OR Tambo airport robbery. Some convictions were substituted: one appellant for robbery, another for receiving stolen property.
Coetzer v S (A96/2021) [2021] ZAGPJHC 715 (22 November 2021)
The court held that the appellant's personal circumstances, including her age, unemployment, lack of assets, and financial dependence, while unfortunate, did not cumulatively amount to exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act for Schedule 6 offences. The respondent's lack of opposition to bail was not, in itself, indicative of a weak case and could not be relied upon as an exceptional circumstance. The Magistrate's reasoning in rejecting this argument was found to be sound and supported by authority. Accordingly, the appeal against the refusal o…
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Mokodutle v S (CC 03/2017) [2021] ZAMPMHC 4 (19 February 2021)
The court found that the applicant had discharged the onus to prove exceptional circumstances justifying his release on bail. The applicant's personal health condition, strong family and financial ties to the Free State, lack of flight risk, and the unreasonable delay in bringing the matter to trial cumulatively constituted exceptional circumstances. The respondent failed to provide convincing evidence that the applicant would abscond, interfere with witnesses, or pose a danger to the public. The seriousness of the charges and the strength of the State's case were considered, but the history…
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Legalatladi v S (CA45/2017) [2019] ZANWHC 55 (3 October 2019)
The High Court upheld the appeal and set aside the appellant’s conviction and sentence for attempted conspiracy and incitement to murder.
S v Sibisi and Another (CC66/2017) [2019] ZAGPJHC 3 (25 January 2019)
The court convicted both accused of conspiracy to commit murder, but acquitted them of murder and reckless driving after rejecting common-purpose liability.
Chitumbura and Another v S (A190/201) [2017] ZAGPJHC 274 (14 September 2017)
The court held that the trial court did not misdirect itself in convicting the first appellant. The identification evidence, though not perfect, was corroborated by multiple witnesses and supported by the appellant's possession of stolen items shortly after the robbery. The explanations offered by the first appellant were found to be untruthful and indicative of a guilty conscience. The evidence established beyond reasonable doubt that the first appellant participated in the robbery and attempted murder. Regarding sentence, the court found that the cumulative effect of the sentences was sever…
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S v Mchunu and Others (146/16) [2017] ZAGPPHC 1313 (28 June 2017)
The court convicted eight accused of conspiracy to commit robbery and murder, and convicted several on firearm and ammunition charges, but acquitted all on one firearm-possession count.
Ngobese v S (SS030/2015) [2017] ZAGPJHC 152 (14 June 2017)
The court found that it had properly applied the principles governing the evaluation of a single witness's evidence and that the witness's testimony was credible and satisfactory in all material respects. The court held that there were no reasonable prospects of another court arriving at a different conclusion regarding either the conviction or the sentence. The sentence imposed was deemed appropriate given the seriousness of the offence, specifically the conspiracy to murder a police officer in the execution of his duties, and in line with legislative requirements for minimum sentencing. Con…
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Mzondi and Others v S (A47/2011) [2013] ZAWCHC 129 (6 September 2013)
The High Court set aside seven convictions for conspiracy to commit robbery with aggravating circumstances, finding the state had not proved a definite agreement.
S v Tsolo and Others (159/2013) [2013] ZAFSHC 140 (15 August 2013)
High Court review setting aside irregular sentences and convictions where charges were split, a withdrawn count was sentenced, and the wrong Riotous Assemblies Act citation was used.
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