A.O v S (Bail Appeal) (A104/2025) [2025] ZAWCHC 274 (30 June 2025)
Court
Western Cape High Court, Cape Town
Case number
A104/2025
Judge
P. S. Van Zyl
The High Court upheld a bail appeal, finding exceptional circumstances after the complainant retracted her allegations and the magistrate’s refusal was wrong.
Mhlambi v S (A252/2022) [2025] ZAGPPHC 580 (3 June 2025)
Court
North Gauteng High Court, Pretoria
Case number
A252/2022
Judges
F.J Van der Westhuizen, M.J Mosopa
The High Court dismissed a criminal appeal against convictions for indecent assault and rape, holding that the trial court properly assessed the evidence and applied the correct cautionary rules.
Kalbo v S (A24/2025) [2025] ZAGPJHC 536 (28 May 2025)
Court
South Gauteng High Court, Johannesburg
Case number
A24/2025
Judge
Dosio
The court held that the Regional Magistrate correctly classified the bail application as a Schedule 6 offence, given the nature of the charge and the medical evidence. The appellant failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. His reliance on affidavit evidence, without viva voce testimony, diminished the probative value of his claims. The appellant's lack of emotional and property ties to South Africa, revoked asylum status, and family outside the country increased the risk of flight. The identification evid…
S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)
Court
Western Cape High Court, Cape Town
Case number
A14/2025
Judges
J Cloete, N C De Jager
The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…
R.B and Another v S (Bail Appeal) (A74/2024) [2025] ZAWCHC 216 (23 May 2025)
Court
Western Cape High Court, Cape Town
Case number
A74/2024
Judge
Mapoma
The court found that the magistrate misdirected herself by failing to properly consider the evidence presented by the appellants regarding the weakness of the state case and the existence of exceptional circumstances. The magistrate did not objectively assess whether the state case was so weak as to justify bail, instead making findings of fact on contested charges. The evidence showed that the appellants were not flight risks, as they returned to South Africa to face charges despite having the opportunity to remain abroad. The interests of justice, including the best interests of the minor c…
Van Rooyen v S (A151/2020) [2025] ZAGPPHC 359 (22 April 2025)
Court
North Gauteng High Court, Pretoria
Case number
A151/2020
Judges
Johnson, Neukircher
The High Court partly upheld Werner van Rooyen’s sentence appeal, reducing count 1 and reworking concurrency because the aggregate sentence was too harsh.
N.G v S (Bail Appeal) (A03/2025) [2025] ZAWCHC 167 (15 April 2025)
Court
Western Cape High Court, Cape Town
Case number
A03/2025
Judge
Wille
High Court bail appeal in a Schedule 6 sexual-offence case dismissed after the court found no exceptional circumstances and a risk of witness interference.
S v M.S (CC07/2025) [2025] ZAECMKHC 32 (27 March 2025)
Court
Eastern Cape High Court, Makhanda
Case number
CC07/2025
Judge
Cengani-Mbakaza
The High Court convicted the accused of raping an 11-year-old child after finding her evidence credible, supported by medical findings, and sufficient despite delayed reporting.