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South Africa decisions
Decisions matching the current search
Maquthu v S (Appeal) (CA57/2024) [2025] ZANWHC 139 (7 August 2025)
The High Court dismissed a murder conviction appeal, holding that the trial court properly assessed witness credibility and that recorded contradictions were not material.
Motau v S (A53/2023) [2023] ZAGPPHC 1927 (17 November 2023)
Appeal against a rape conviction upheld where the High Court found the trial court failed to weigh all evidence holistically and overlooked material corroboration.
Swart v Regional Magistrate Jonker and Another (2881/2018) [2022] ZAMPMBHC 53 (14 July 2022)
The High Court dismissed a review of a magistrate’s interlocutory order in a pending rape trial, finding no grave injustice or irreparable harm warranting intervention.
Lehloka v S (A213/21) [2022] ZAWCHC 34 (16 March 2022)
The High Court dismissed a murder-conviction appeal, holding that the single eyewitness was credible, the appellant’s version was not reasonably possibly true, and no further witnesses were required.
Zwane v S (A203/19) [2020] ZAGPPHC 344 (31 July 2020)
The High Court dismissed an appeal against a housebreaking and theft conviction, upholding identification evidence and the magistrate’s use of section 186.
S v Anthony (SHF 27/14) [2015] ZAWCHC 30 (20 March 2015)
The magistrate committed a fatal error by failing to administer the oath to a witness called under section 186 of the Criminal Procedure Act. This unsworn evidence was considered in convicting the accused, contaminating the proceedings. The error vitiates not only the evidence of the unsworn witness but the entire proceedings, as the conviction is 'fruit of the poisoned tree.' Justice requires that the proceedings be set aside in their entirety and the matter be tried de novo before a different magistrate, at the discretion of the Director of Public Prosecution.
Source excerpt
Faku and Another v S (CA&R 205/2013) [2014] ZAECGHC 56 (3 July 2014)
The High Court dismissed an appeal against robbery convictions, holding that the trial court correctly assessed credibility and properly refused to subpoena the investigating officer.
Sithole v S (A 149/10) [2013] ZAGPPHC 480 (3 December 2013)
The High Court dismissed a murder appeal, acquitted on attempted murder, and reduced the murder sentence to 12 years after finding no Section 186 irregularity.
Phasha v S (CA 11/2012) [2012] ZANWHC 55 (22 June 2012)
Criminal appeal against convictions for kidnapping and rape upheld because the evidence was contradictory and the State failed to prove guilt beyond reasonable doubt.
S v Mbanjwa (CA&R 41/07) [2008] ZAECHC 192 (17 November 2008)
The appeal failed. The court held that two uncalled witnesses were not essential under section 186, and upheld the magistrate’s findings on conviction and sentence.
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