South Africa Case Law

S.V.W v S (Appeal) (CA&R36/2024)

S.V.W v S (Appeal) (CA&R36/2024) [2025] ZANCHC 66 (6 June 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R36/2024

Judges

MC Mamosebo, APS Nxumalo

The court found that the State failed to prove that the appellant exposed his genitals to the complainants in counts 3, 6, 9, and 12, as the evidence was insufficient and uncorroborated. Therefore, the convictions and sentences on those counts were set aside. The court held that the offences under section 21(1) and section 22 are distinct, and there was no duplication of charges in principle. Regarding the rape convictions (counts 7 and 10), the court found the evidence of the child complainants, corroborated by adult witnesses and medical reports, to be credible and trustworthy. The acts des…

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• Sexual Offences And Related Matters Amendment Act
• Rape
• Sexual Assault
• Duplication Of Charges
• Single Witness Evidence
• Minimum Sentences

S v Maruma (CC5/24)

S v Maruma (CC5/24) [2025] ZAGPPHC 312 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC5/24

Judge

Munzhelele

The court convicted the accused on multiple rape, robbery, housebreaking, theft and sexual assault counts, relying on DNA, fingerprints and identification evidence.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Housebreaking
• Robbery With Aggravating Circumstances
• Dna Evidence
• Identification Parade

X.W v S (A06/2023)

X.W v S (A06/2023) [2025] ZAWCHC 15 (24 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A06/2023

Judges

Le Grange, Wille, Bishop

Appeal against rape convictions and life sentence dismissed. The court found no proven inadequate representation, upheld the evidence, and confirmed minimum sentencing.

• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing Regime
• Inadequate Legal Representation
• Single Witness Rule
• Child Victim
• Appeal Procedure

Mtetandaba v S (CA & R 51/2023)

Mtetandaba v S (CA & R 51/2023) [2025] ZAECMHC 7 (21 January 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA & R 51/2023

Judges

Rusi, Jolwana

The appeal court found no material misdirection in the trial court's evaluation of the evidence. The trial court was faced with two conflicting versions and was entitled to weigh the probabilities and credibility of the witnesses. The appellant's version was not put to the complainant during cross-examination, undermining its reliability. The complainant's evidence, though imperfect, was not rendered wholly unreliable by minor discrepancies. The J88 medico-legal report was properly admitted and did not serve as a previous consistent statement corroborating the complainant's evidence. The tria…

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• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Credibility Of Single Witness
• Consent In Sexual Offences
• Cross Examination Failure

Motaung v S (CA 19/2019)

Motaung v S (CA 19/2019) [2024] ZANWHC 152 (24 June 2024)

Court

North West High Court, Mafikeng

Case number

CA 19/2019

Judges

Petersen, Maree

The court found that the evidence led by the prosecution on count 4 was terse and did not establish that the complainant was raped more than once as required by section 51(1) read with Part I of Schedule 2 of the Criminal Law Amendment Act. The acts of oral and vaginal penetration were so closely connected in time and sequence that they constituted a single act of rape, not separate offences. The Regional Magistrate erred in convicting the appellant of rape more than once and imposing a life sentence. The conviction on count 4 was substituted with a finding of guilty under section 3 of the Se…

Source excerpt

• Rape
• Minimum Sentencing
• Sexual Offences And Related Matters Amendment Act
• Criminal Law Amendment Act
• Appeal Procedure

Thwala v S (A190/2023)

Thwala v S (A190/2023) [2024] ZAGPPHC 642 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A190/2023

Judges

Baloyi-Mere, Neukircher

The High Court dismissed an appeal against a rape conviction and 15-year sentence, finding the complainant credible, corroborated, and the alibi unconvincing.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Single Witness Cautionary Rule
• Identification
• Alibi Defence
• Sentencing Discretion

Mashego v S (A49/19)

Mashego v S (A49/19) [2024] ZAMPMBHC 37 (3 June 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A49/19

Judges

Roelofse AJ, Phahlamohlaka AJ

The High Court dismissed a criminal appeal against rape conviction and life sentence, finding the child complainant’s evidence reliable and the sentence justified.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Single Witness Evidence
• Child Witness
• Appeal Standard

Nkonwane v S (CA 49/20)

Nkonwane v S (CA 49/20) [2024] ZANWHC 93 (28 March 2024)

Court

North West High Court, Mafikeng

Case number

CA 49/20

Judges

Reddy, Roux

The court found that the psychiatric report complied with the requirements of section 79 of the Criminal Procedure Act, both in terms of panel composition and observation period. The appointment of a third psychiatrist for the accused is permissive, not mandatory, and the appellant was observed for the requisite thirty days. The report adequately described the nature of the enquiry. The amendment of the charge sheet to invoke section 51 of the Criminal Law Amendment Act was not prejudicial to the appellant, as he was afforded legal representation and the opportunity to address the court. The…

Source excerpt

• Sexual Offences And Related Matters Amendment Act
• Criminal Capacity
• Psychiatric Evaluation
• Minimum Sentencing
• Child Protection

S v A.M and Another (CC 27/2022)

S v A.M and Another (CC 27/2022) [2024] ZAECELLC 31 (29 February 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

CC 27/2022

Judge

T Malusi

High Court criminal judgment convicting accused 1 of sexual assault and rape, and accused 2 of failing to report a sexual offence against a child.

• Sexual Offences And Related Matters Amendment Act
• Rape
• Sexual Assault
• Failure To Report Sexual Offence
• Child Witness Evidence
• Sexual-assault

Rapitsi v S (A32/2022)

Rapitsi v S (A32/2022) [2023] ZALMPPHC 33 (29 May 2023)

Court

Limpopo High Court, Polokwane

Case number

A32/2022

Judges

Muller, Pillay

The High Court dismissed an appeal against rape conviction and 20-year sentence, finding the complainant credible and the appellant’s version inconsistent.

• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Child Witness Evidence
• Mitigation And Aggravation Of Sentence
• Sexual-offences