South Africa Case Law

Hlako and Others v S (Appeal) (AA02/2024)

Hlako and Others v S (Appeal) (AA02/2024) [2025] ZALMPPHC 88 (30 April 2025)

Court

Limpopo High Court, Polokwane

Case number

AA02/2024

Judges

Diamond, Naude-Odendaal, Pillay

The appeal court found that the trial court correctly convicted the appellants based on the direct, primary evidence provided by Gabriel and Matome, whose statements and testimonies were corroborated in all material respects. The alleged contradictions and inconsistencies raised by the appellants were either immaterial or attributable to the passage of time and did not undermine the central narrative of the prosecution's case. The court held that the defence failed to present any credible exculpatory evidence and that the trial court properly applied the principles governing the assessment of…

Source excerpt

• Murder
• Kidnapping
• Defeating The Ends Of Justice
• Assessment Of Witness Credibility
• Contradictory Evidence
• Section 204 Witnesses

Adams and Another v S (A135/2022; CC47/2021)

Adams and Another v S (A135/2022; CC47/2021) [2022] ZAWCHC 201 (17 October 2022)

Court

Western Cape High Court, Cape Town

Case number

A135/2022; CC47/2021

Judge

Thulare

Bail appeal dismissed where the High Court found no exceptional circumstances for release, given serious organised-crime allegations and witness testimony.

• Bail Application
• Exceptional Circumstances
• Organised Crime
• Gang Related Offences
• Section 204 Witnesses
• Intimidation

Naicker v S (A388/2019)

Naicker v S (A388/2019) [2021] ZAGPPHC 136 (22 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

A388/2019

Judges

BC Wanless, Khwinana

The High Court upheld Ashley Naicker’s appeal, setting aside his fraud and defeating-the-administration-of-justice convictions after finding the State witnesses unreliable.

• Fraud
• Defeating Administration Of Justice
• Onus Of Proof
• Contradictory Evidence
• Section 204 Witnesses
• Defeating-administration-of-justice

Lincoln v Minister of Justice and Constitutional Development and Another (17967/2012)

Lincoln v Minister of Justice and Constitutional Development and Another (17967/2012) [2017] ZAWCHC 108 (22 September 2017)

Court

Western Cape High Court, Cape Town

Case number

17967/2012

Judge

J Cloete

The High Court dismissed a malicious prosecution claim arising from the PITU investigation, finding no malice and sufficient cause for prosecution.

• Malicious Prosecution
• Animus Injuriandi
• Reasonable And Probable Cause
• Onus Of Proof
• Section 204 Witnesses
• Malicious-prosecution