South Africa Case Law

Peni v S (Appeal) (A280/2024)

Peni v S (Appeal) (A280/2024) [2025] ZAWCHC 257 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A280/2024

Judges

Nuku, Roux

The evidence led by the prosecution established that the deceased attacked the appellant first by stabbing him with a knife. The appellant's response in stabbing the deceased was consistent with self-defence, and there was no evidence that the attack had ceased or that the appellant exceeded the bounds of self-defence. The trial court failed to properly evaluate the evidence and erred in relying on the appellant's failure to testify as a basis for conviction. In the absence of evidence disproving self-defence, the prosecution did not discharge its burden of proof. The conviction and sentence…

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• Murder
• Self Defence
• Burden Of Proof
• Failure To Testify

S v Samson (10/2025)

S v Samson (10/2025) [2025] ZAECQBHC 19 (20 June 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

10/2025

Judge

Govindjee

The court found that the accused acted in self-defence when he shot the deceased, based on the medical evidence, the trajectory of the bullet, and the circumstances of the armed intrusion. The accused's version was reasonably possible and supported by the evidence, leading to acquittal on the murder charge. However, the accused's subsequent conduct, including kidnapping Blaauw, attempted murder by firing shots at him, and actions to defeat the ends of justice by disposing of the body and concealing evidence, were inconsistent with lawful conduct and not justified by self-defence. The court fo…

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• Self Defence
• Kidnapping
• Attempted Murder
• Defeating The Ends Of Justice
• Single Witness Credibility
• Criminal Procedure Act

N[...] v N[...] (A120/2024)

N[...] v N[...] (A120/2024) [2025] ZAFSHC 160 (4 June 2025)

Court

Free State High Court, Bloemfontein

Case number

A120/2024

Judges

Daffue, Daniso

The appeal court found that the trial court correctly evaluated the evidence and credibility of the parties. The appellant failed to prove on a balance of probabilities that the respondent assaulted him or maliciously instituted proceedings against him. The appellant's version was improbable and motivated by financial interests, while the respondent's actions were bona fide and aimed at ensuring her safety. The trial court's findings were supported by the record, and there was no misdirection warranting interference. The requirements for malicious proceedings were not met, and the appellant's…

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• Assault
• Malicious Institution Of Proceedings
• Onus Of Proof
• Mutually Destructive Versions
• Self Defence
• Damages For Pain And Suffering

Maelane and Another v S (A180/2023)

Maelane and Another v S (A180/2023) [2025] ZAGPPHC 404 (16 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A180/2023

Judges

N G M Mazibuko, M Munzhelele

The High Court dismissed a murder conviction appeal but reduced life sentences to 20 years, holding the appellants exceeded self-defence and acted in common purpose.

• Murder
• Self Defence
• Common Purpose
• Sentencing Principles
• Minimum Sentences
• Mitigating Factors

S v J.J.L (KS19/24)

S v J.J.L (KS19/24) [2025] ZANCHC 33 (28 January 2025)

Court

Northern Cape High Court, Kimberley

Case number

KS19/24

Judge

Van Tonder

The Northern Cape High Court convicted the accused of murder and multiple assaults, rejecting self-defence claims and finding the State proved premeditated murder on Count 8.

• Murder
• Assault With Intent To Do Grievous Bodily Harm
• Self Defence
• Dolus Eventualis
• Premeditation
• Criminal Procedure

Matebesi v Minister of Police (1313/2020)

Matebesi v Minister of Police (1313/2020) [2024] ZAFSHC 405 (13 December 2024)

Court

Free State High Court, Bloemfontein

Case number

1313/2020

Judge

Van Rhyn

The High Court found a SAPS member unlawfully shot the plaintiff in the back and held the Minister of Police vicariously liable, rejecting self-defence.

• Vicarious Liability
• Unlawful Assault
• Onus Of Justification
• Self Defence
• Credibility Of Witnesses
• Delict

Kistnasamy v S (A61/2023)

Kistnasamy v S (A61/2023) [2024] ZAGPPHC 1339 (9 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

A61/2023

Judges

PD Phahlane, Wentzel

The appeal court found that the trial court did not misdirect itself in accepting the State's version and rejecting the appellant's version as not reasonably possibly true. The evidence, including CCTV footage and corroborating witness testimony, demonstrated that the appellant was the aggressor, acted with intent, and did not meet the requirements for self-defence. The complainant was unarmed and alone when shot, and the appellant's version was contradicted by objective evidence. The sentence imposed was in line with statutory minimums and not shockingly inappropriate. The trial court proper…

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• Attempted Murder
• Self Defence
• Minimum Sentencing
• Credibility Of Witnesses
• Assessment Of Evidence

Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020)

Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020) [2024] ZAGPPHC 1278 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

56794/2020

Judge

M.R Moleleki

High Court judgment on a police shooting during a vehicle chase. The court found the Metro Police acted in self-defence and necessity, dismissing the plaintiffs’ claims with costs.

• Loss Of Support
• Necessity
• Self Defence
• Wrongful Act
• Damages For Personal Injury
• Self-defence

Merryweather v Scholtz and Another (447/2023)

Merryweather v Scholtz and Another (447/2023) [2024] ZASCA 150 (6 November 2024)

Court

Supreme Court of Appeal

Case number

447/2023

Judges

Ponnan, Smith, Unterhalter, Koen, Mantame

Appeal struck off after the court found no special circumstances and no reasonable prospects of success in a delict claim arising from a violent altercation.

• Onus Of Proof
• Admissibility Of Evidence
• Bodily Injury
• Self Defence
• Special Leave To Appeal
• Delict

Kock v S (A174/2024)

Kock v S (A174/2024) [2024] ZAWCHC 363 (24 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A174/2024

Judges

Van den Berg AJ, Allie J

Appeal against a murder conviction and 15-year sentence dismissed. The court upheld dolus eventualis and found no self-defence or basis to depart from minimum sentencing.

• Murder
• Dolus Eventualis
• Self Defence
• Minimum Sentencing
• Appeal Procedure
• Dolus-eventualis