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South Africa decisions
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Nel v S (708/2023) [2025] ZASCA 89 (12 June 2025)
The Supreme Court of Appeal struck off Mr Kobus Nel’s reconsideration application, holding that he had not shown exceptional circumstances under s 17(2)(f).
JR v AL (21609/2021) [2021] ZAGPJHC 814 (6 December 2021)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and awarding costs, including two counsel.
Tyhulu v S (1173/2016) [2019] ZASCA 51 (1 April 2019)
The Supreme Court of Appeal found no reasonable prospects on the corruption counts, but granted leave to appeal on the drug counts and related sentence.
Ngobeni v S (A309/16) [2017] ZAGPJHC 205 (3 July 2017)
The appeal court found that the deceased and his fellow students did not pose any threat to the police or security officers. The appellant, a trained police officer, shot the deceased at close range without justification while the deceased was complying with instructions. The trial court correctly rejected the appellant's version of self-defence and automatism, finding that he acted with dolus eventualis. The aggravating factors, including the appellant's abuse of authority and the impact on the deceased's family, outweighed the mitigating circumstances. The sentence imposed by the trial cour…
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Witfoot v S (A199/2016) [2017] ZAFSHC 41 (23 March 2017)
The High Court reduced a rape sentence from life imprisonment to 10 years after finding the aggravating form of rape was not proved.
Manzini and Others v S (A114/2015) [2016] ZAGPPHC 236 (26 February 2016)
High Court appeal by six police officers convicted of assault with intent to cause grievous bodily harm succeeded; the convictions and sentences were set aside.
Phahane v S (A565/2011) [2014] ZAGPPHC 167 (3 April 2014)
The court found that the appellant's actions in withdrawing money from the complainant's account via ATM constituted a misrepresentation to the bank, satisfying the elements of fraud. The Nedbank statement was properly admitted to clarify disputed facts, and the evidence of the co-employee was credible and did not require the cautionary rule. The video footage was authenticated and admissible, and the appellant's admission regarding the taking of the complainant's card was made voluntarily and was properly admitted. The conviction was upheld as the evidence established the appellant's guilt b…
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S v Mangena (SS26/2006) [2010] ZAWCHC 489 (13 October 2010)
The High Court refused leave to appeal against conviction in a criminal matter, but granted leave to appeal against sentence to the full court.
Marietjie v S (CA&R 195/2003) [2009] ZANCHC 26 (29 May 2009)
The court found that the appellant's explanation for the late filing of his application for leave to appeal was inadequate and did not justify condonation. The evidence against the appellant was overwhelming, including corroborated eyewitness testimony and medical findings consistent with the complainant's account. The appellant failed to demonstrate any reasonable prospects of success on appeal, either on conviction or sentence. The sentence imposed was not shockingly inappropriate nor affected by any material irregularity. Accordingly, both condonation and leave to appeal were refused.
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S v Monyane and Others (160/01) [2006] ZASCA 113; [2006] SCA 141 (RSA) ; 2008 (1) SACR 543 (SCA) (23 November 2006)
The SCA upheld murder convictions based on common purpose, identification, fingerprints, and circumstantial evidence, but reduced the appellants’ sentences.
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