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South Africa decisions
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Motepe v S (Appeal) (CA25/2021) [2025] ZANWHC 95 (2 June 2025)
The High Court dismissed an appeal against a rape conviction, finding the complainant credible, the appellant’s version improbable, and consent not proved.
S v Mtshali (CC59/2024) [2025] ZAGPPHC 587 (23 May 2025)
High Court criminal judgment convicting the accused of murder and rape after rejecting his claim that his semen was planted and that another man forced the acts.
Morotoba and Another v S (Appeal) (A149/22) [2025] ZAGPPHC 550 (21 May 2025)
The High Court dismissed an appeal against rape convictions and life sentences, finding the complainant credible, corroborated, and the minimum sentence justified.
Mohale v S (Appeal) (A12/2024) [2025] ZALMPPHC 71 (14 April 2025)
The High Court dismissed a rape appeal, upholding conviction and life sentence after finding the complainant’s identification credible and the alibi improbable.
V.I.S v S (A195/2024) [2025] ZAGPPHC 258 (20 March 2025)
High Court appeal against sentence dismissed; life imprisonment for repeated rape of a minor and five years for sexual assault were upheld.
Nkadimeng v S (Appeal) (A48/2024) [2025] ZAGPPHC 294 (12 March 2025)
The High Court dismissed an appeal against rape conviction and life sentence, finding the child complainant credible and the medical evidence sufficient.
Bonge v S (A106/2024) [2025] ZAFSHC 90 (6 March 2025)
The court found that the Magistrate erred by applying a test of mere probability rather than the standard of proof beyond reasonable doubt. The contradictions and inconsistencies in the complainant's version, her conduct after the alleged incidents, and the lack of corroboration from witnesses and medical evidence rendered the State's case insufficient. The complainant did not report rape to witnesses, and her actions were inconsistent with those of a person who had been raped. The court held that the State failed to prove the appellant's guilt beyond reasonable doubt, and the conviction coul…
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Yurell v S (Appeal) (CA & R: 55/2024) [2025] ZANCHC 16 (28 February 2025)
The court found that the complainant's evidence was credible, corroborated by independent witnesses and medical findings. The appellant's version was rejected as not reasonably possibly true and contradicted by the weight of the evidence. The complainant's submission to sexual intercourse was due to intimidation, threats, and physical violence, not consent. The trial court's application of the cautionary rule was correct, and the sequence of assault and rape justified the application of the Minimum Sentences Act. The appellant's arguments regarding misdirection, consent, and the relevance of…
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Rolf v Cupido and Another (714/2024; SH 61/2021) [2025] ZAMPMHC 18 (27 January 2025)
The court found that while the magistrate's refusal to postpone the trial for the applicant to obtain the transcribed record and prepare expert evidence was irregular, it did not amount to bias or justify recusal. The applicant failed to establish reasonable grounds for apprehension of bias, either from the magistrate's conduct in court or his private legal practice. The administrative pressures and the magistrate's statements regarding finalising part-heard matters were not sufficient to demonstrate actual or perceived bias. The court granted condonation for the late filing of the supplement…
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Mashego v S (A173/2024) [2024] ZAGPPHC 1293 (27 November 2024)
High Court appeal overturning a rape conviction because, although consent was invalid due to mistaken identity, the State failed to prove mens rea.
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