South Africa Case Law

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22)

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22) [2024] ZAGPPHC 961; 2025 (1) SACR 36 (GP) (30 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

04856/22

Judge

Baqwa

The High Court held that key sexual offences provisions are unconstitutional to the extent that they allow a subjective belief in consent without objectively reasonable steps.

• Sexual Offences Amendment Act
• Consent In Sexual Offences
• Bill Of Rights Limitation
• Gender Based Violence
• Objective Vs Subjective Fault
• International Human Rights Obligations

Ndlala v S (A09/2021)

Ndlala v S (A09/2021) [2023] ZAGPJHC 352 (18 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A09/2021

Judges

MMP Mdalana-Mayisela, P Johnson

Appeal dismissed in a rape conviction and sentence matter. The High Court found the complainant credible, the appellant's version fabricated, and the 8-year sentence justified.

• Rape
• Sexual Offences Amendment Act
• Single Witness Evidence
• Sentencing Principles
• Intoxication As Mitigation
• Criminal-appeal

S v Mantshongo (CC 53/2022)

S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CC 53/2022

Judge

T Malusi

The accused pleaded guilty to four rape counts and one robbery count. The High Court accepted his section 112(2) admissions and convicted him on all charges.

• Rape
• Robbery With Aggravating Circumstances
• Criminal Procedure Act Section 112
• Sexual Offences Amendment Act
• Intent
• Consent

Phenyane v S (A8/2022)

Phenyane v S (A8/2022) [2022] ZAFSHC 139 (31 May 2022)

Court

Free State High Court, Bloemfontein

Case number

A8/2022

Judges

Reinders, De Kock

Appeal against a rape conviction dismissed. The court found the complainant credible, the medical evidence supportive, and the alibi unconvincing.

• Rape
• Sexual Offences Amendment Act
• Credibility Of Single Witness
• Medical Evidence In Sexual Offences
• Corroboration
• Appeal On Factual Findings

Gqika v S (CA&R 112/2021)

Gqika v S (CA&R 112/2021) [2022] ZAECGHC 15 (1 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 112/2021

Judges

JGA Laing, M Mfenyana

Appeal against rape conviction and 20-year sentence dismissed. The court upheld the trial court’s credibility findings, finding no misdirection and no basis to reduce sentence.

• Rape
• Sexual Offences Amendment Act
• Minimum Sentencing
• Consent
• Appeal Principles
• Sexual-offences

Van Heerden v S (A131/2019)

Van Heerden v S (A131/2019) [2021] ZAFSHC 275 (3 November 2021)

Court

Free State High Court, Bloemfontein

Case number

A131/2019

Judges

Daffue, Reinders

The High Court upheld a rape conviction but reduced life imprisonment to 15 years after finding substantial and compelling circumstances.

• Rape
• Sexual Offences Amendment Act
• Minimum Sentencing
• Credibility Of Witnesses
• Circumstantial Evidence
• Appeal Principles

Moreletsa v S (A121/2019)

Moreletsa v S (A121/2019) [2020] ZAGPJHC 45 (7 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A121/2019

Judges

T P Mudau, S Weiner

Appeal dismissed in a rape conviction appeal. The High Court found the complainant credible, the appellant’s consent version improbable, and the medical evidence consistent with forced penetration.

• Rape
• Sexual Offences Amendment Act
• Consent
• Single Witness Rule
• Credibility Assessment
• Criminal-law

J.S.C v S (CA&R312/16)

J.S.C v S (CA&R312/16) [2017] ZAECGHC 25 (9 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R312/16

Judges

S M Mbenenge, E Revelas

The High Court dismissed a rape conviction appeal but reduced a life sentence to 20 years’ imprisonment after finding substantial and compelling circumstances.

• Rape
• Sexual Offences Amendment Act
• Minimum Sentencing
• Reasonable Doubt
• Appeal Against Conviction
• Appeal Against Sentence

Bezuidenhout v S (CA&R76/2016)

Bezuidenhout v S (CA&R76/2016) [2016] ZANCHC 47; 2017 (2) SACR 577 (NCK) (2 December 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R76/2016

Judges

Olivier, Erasmus

Appeal against rape conviction dismissed, but the life sentence was replaced with 18 years after the court found the minimum sentence disproportionate.

• Rape
• Sentencing
• Condonation
• Vulnerable Victim
• Criminal Procedure Act
• Sexual Offences Amendment Act

Diamond v S (A540/15)

Diamond v S (A540/15) [2016] ZAWCHC 151 (13 October 2016)

Court

Western Cape High Court, Cape Town

Case number

A540/15

Judges

Le Grange, Binns-Ward, Schippers

The majority (Le Grange J and Binns-Ward J) found that the complainant's evidence was credible and corroborated by medical and police testimony. The defence witnesses were internally and mutually contradictory and improbable. The trial court's rejection of the appellant's version was justified, and the conviction and sentence were upheld. The minority (Schippers J) held that the State failed to prove its case beyond reasonable doubt, finding the complainant unreliable and the defence evidence unchallenged and credible. Schippers J would have set aside the rape convictions and confirmed only t…

Source excerpt

• Rape
• Sexual Offences Amendment Act
• Assault With Intent To Do Grievous Bodily Harm
• Credibility Of Witnesses
• Onus Of Proof
• Cross Examination