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South Africa Case Law

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Criminal Law [2025] ZAGPJHC 731

J.W. v J.D. and Others (039454/2023)

J.W. v J.D. and Others (039454/2023) [2025] ZAGPJHC 731 (24 July 2025)

The High Court discharged a rule nisi challenging a search warrant for electronic devices seized in a child sexual assault investigation.

  • Search And Seizure
  • Cybercrimes Act
  • Child Pornography
  • Rule Nisi
  • Sexual Offences
  • Search-and-seizure
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Criminal Law [2025] ZAWCHC 274

A.O v S (Bail Appeal) (A104/2025)

A.O v S (Bail Appeal) (A104/2025) [2025] ZAWCHC 274 (30 June 2025)

The High Court upheld a bail appeal, finding exceptional circumstances after the complainant retracted her allegations and the magistrate’s refusal was wrong.

  • Bail Application
  • Exceptional Circumstances
  • Sexual Offences
  • Immigration Status
  • Magistrates Court Appeal
  • Bail-appeal
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Criminal Law [2025] ZAGPPHC 580

Mhlambi v S (A252/2022)

Mhlambi v S (A252/2022) [2025] ZAGPPHC 580 (3 June 2025)

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.

  • Sexual Offences
  • Rape
  • Indecent Assault
  • Assessment Of Minor Witness
  • Appeal Procedure
  • Criminal-law
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Criminal Law [2025] ZAGPJHC 536

Kalbo v S (A24/2025)

Kalbo v S (A24/2025) [2025] ZAGPJHC 536 (28 May 2025)

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…

  • Bail Application
  • Exceptional Circumstances
  • Sexual Offences
  • Onus Of Proof
  • Identification Evidence
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Criminal Law [2025] ZAWCHC 221

S.M v S (Appeal) (A14/2025)

S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)

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…

  • Sexual Offences
  • Minimum Sentence Legislation
  • Evidence Of Single Witness
  • Consent In Sexual Offences
  • Child Victim
  • Appeal Against Conviction And Sentence
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Criminal Law [2025] ZAWCHC 216

R.B and Another v S (Bail Appeal) (A74/2024)

R.B and Another v S (Bail Appeal) (A74/2024) [2025] ZAWCHC 216 (23 May 2025)

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…

  • Bail Application
  • Exceptional Circumstances
  • Flight Risk
  • Child Care And Protection
  • Sexual Offences
  • Burden Of Proof
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Criminal Law [2025] ZAGPPHC 359

Van Rooyen v S (A151/2020)

Van Rooyen v S (A151/2020) [2025] ZAGPPHC 359 (22 April 2025)

The High Court partly upheld Werner van Rooyen’s sentence appeal, reducing count 1 and reworking concurrency because the aggregate sentence was too harsh.

  • Sentencing Principles
  • Sexual Offences
  • Cumulative Sentencing
  • Mitigating And Aggravating Factors
  • Sentencing-principles
  • Cumulative-sentencing
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Criminal Law [2025] ZAWCHC 167

N.G v S (Bail Appeal) (A03/2025)

N.G v S (Bail Appeal) (A03/2025) [2025] ZAWCHC 167 (15 April 2025)

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.

  • Bail Application
  • Exceptional Circumstances
  • Sexual Offences
  • Interests Of Justice
  • Judicial Discretion
  • Bail-application
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Criminal Law [2025] ZAECMKHC 32

S v M.S (CC07/2025)

S v M.S (CC07/2025) [2025] ZAECMKHC 32 (27 March 2025)

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.

  • Sexual Offences
  • Child Witness Evidence
  • Rape
  • Burden Of Proof
  • Credibility Assessment
  • Child-witness-evidence
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Criminal Law [2024] ZAGPPHC 1086

Mahlangu v S (A264/24)

Mahlangu v S (A264/24) [2024] ZAGPPHC 1086 (24 October 2024)

High Court appeal against refusal of bail in a Schedule 6 rape matter dismissed for failure to show exceptional circumstances.

  • Bail Application
  • Exceptional Circumstances
  • Sexual Offences
  • Presumption Of Innocence
  • Interests Of Justice
  • Bail-application
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.