South Africa Case Law

S v Amobi and Others (CC50/2020)

S v Amobi and Others (CC50/2020) [2025] ZAGPPHC 579 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC50/2020

Judge

Mosopa

The court applied section 174 of the Criminal Procedure Act, considering whether there was evidence upon which a reasonable court might convict each accused on the respective counts. The State conceded discharge on counts where no evidence was led. For the remaining counts, the court assessed the quality and reliability of the evidence, including the credibility of witnesses and the extent to which the accused were implicated. The court found that, for certain counts, the evidence was insufficient and ordered discharge, while for other counts, there was prima facie evidence requiring the accu…

Source excerpt

• Section 174 Criminal Procedure Act
• Human Trafficking
• Rape
• Drug Trafficking
• Assault With Intent To Do Grievous Bodily Harm
• Immigration Offences

Mokgaratso and Another v S (A22/2018)

Mokgaratso and Another v S (A22/2018) [2020] ZAGPPHC 420 (11 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A22/2018

Judges

Leso, Maumela

Appeal dismissed in a housebreaking and theft matter, with the High Court upholding conviction and sentence on circumstantial evidence and recent possession.

• Housebreaking With Intent To Steal And Theft
• Common Purpose
• Recent Possession
• Circumstantial Evidence
• Section 174 Criminal Procedure Act
• Single Witness Cautionary Rule

Nohaji v S (CA&R 72/14)

Nohaji v S (CA&R 72/14) [2016] ZAECMHC 6 (24 March 2016)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 72/14

Judges

M Makaula, F Dawood

Appeal against a rape conviction dismissed. The High Court found no misdirection, accepted the complainant as credible, and upheld the trial court’s findings.

• Rape
• Credibility Of Witnesses
• Single Witness Rule
• Medical Evidence
• Onus Of Proof
• Section 174 Criminal Procedure Act

S v Maphanga and Another (A269/2010)

S v Maphanga and Another (A269/2010) [2010] ZAGPPHC 539 (13 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

A269/2010

Judges

E M Makgoba, Legooi

Automatic review of a criminal conviction was upheld as unfair trial irregularities and weak evidence led the High Court to set aside both conviction and sentence.

• Fair Trial Rights
• Cross Examination
• Unsworn Statements
• Section 115 Criminal Procedure Act
• Section 174 Criminal Procedure Act
• Criminal-procedure

S v Moeketsi (87/05)

S v Moeketsi (87/05) [2005] ZANWHC 60 (8 September 2005)

Court

North West High Court, Mafikeng

Case number

87/05

Judges

V V Tlhapi, A A Landman

High Court review of a magistrate’s handling of housebreaking with intent to steal and theft, correcting the use of section 174 and reducing the sentence.

• Housebreaking With Intent To Steal And Theft
• Competent Verdicts
• Section 174 Criminal Procedure Act
• Sentencing
• Splitting Of Charges
• Competent-verdicts