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South Africa decisions
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Mkhize v Director of Public Prosecutions and Another (632/2020) [2022] ZAECMKHC 53 (23 August 2022)
High Court review of interlocutory criminal-trial rulings dismissed for lack of a factual basis in the founding papers.
S v Mndawe (Conviction) (CC22/2021) [2022] ZAMPMBHC 55 (4 February 2022)
The court found that the accused's conduct constituted a deliberate and systematic course of wrongful action. The accused knew each victim, all of whom visited his homestead, where arguments escalated to fatal assaults. The bodies were disposed of in a calculated manner to evade detection, with three buried in the garden and two under a cement floor. The repeated pattern over sixteen months, targeting young black females, and the methodical concealment of bodies supported the inference of premeditation. The accused's explanation of acting in the heat of the moment was rejected as improbable g…
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Ndlovu and Another v S (A41/2021) [2021] ZAGPJHC 799 (14 October 2021)
Appeal against conviction dismissed after the High Court found circumstantial evidence and recovered stolen property linked the appellants to a series of robberies.
S v Mbatha (SS118/19) [2020] ZAGPJHC 343 (20 August 2020)
The court found that the accused's fingerprint on the broken window was fresh and consistent with the timing of the offence on 16 May 2019. The accused's explanation for the presence of his fingerprint was opportunistic and tailored to fit the evidence as it emerged. The accused's version was not reasonably possibly true and failed to create doubt. The court accepted the similar fact evidence, noting the accused previously broke into the same house through the same window and stole the same item, demonstrating a pattern of conduct. The totality of the circumstantial evidence, including the fi…
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S v Simelane (Roelofse AJ) [2020] ZAMPMBHC 3; CC60/17 (4 March 2020)
The court found that Mr Simelane's consistent modus operandi, his possession of the deceased's vehicles, and his admissions in section 220 statements and testimony established a pattern of conduct. The evidence, including pointing outs and statements to police and magistrate, was lawfully admitted and corroborated by witness testimony. The court rejected Mr Simelane's denials and explanations as improbable and false. The totality of the evidence, including circumstantial and similar fact evidence, excluded any reasonable doubt as to the accused's guilt. The court concluded that Mr Simelane mu…
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Western Cape Government: Department of Education v Hanekom NO and Others (C92/2018; C757/2018) [2019] ZALCCT 31 (17 October 2019)
Labour Court review upheld dismissal for removing school gas burners without permission, finding the arbitrator wrongly discounted prior theft misconduct and sanction relevance.
S v Ndlovu and Others (CC90/2017) [2019] ZAECGHC 25; [2019] 2 All SA 773 (ECG) (15 March 2019)
Multiple accused were convicted for a rhino-poaching scheme after the court accepted challenged search evidence, forensic dart comparisons, cellphone data, and circumstantial links.
Road Accident Fund v Chin (23037/2016) [2017] ZAWCHC 153; 2018 (3) SA 547 (WCC) (9 November 2017)
The court ordered the respondent to attend a medical examination by the RAF’s nominated doctor, finding her objections to that examiner were not substantiated.
Absa Bank Limited v Ngwane NO and Others (D1149/14) [2016] ZALCD 21 (11 October 2016)
The Labour Court dismissed Absa’s review of a CCMA award, upholding Chetty’s reinstatement after finding the dismissal substantively unfair.
S v Mbasigidi (SS214/2015) [2016] ZAGPJHC 181 (5 July 2016)
The High Court convicted the accused of kidnapping, multiple rapes, assault with intent to do grievous bodily harm, and murder after DNA and similar fact evidence linked him to repeated attacks.
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