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South Africa decisions
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Oguh v The State (A151/2023) [2025] ZAFSHC 220 (18 July 2025)
High Court criminal appeal on identification evidence and alibi defence. The conviction for robbery with aggravating circumstances was upheld and the appeal dismissed.
Dick and Another v S (CA 45/2020) [2025] ZANWHC 18 (28 January 2025)
Appeal against rape, theft of motor vehicle convictions and life sentences dismissed; late filing condoned.
Rantapi and Another v S (A160/2023) [2024] ZAFSHC 189 (20 June 2024)
The High Court dismissed a criminal appeal against murder and assault convictions, holding that the trial court correctly assessed circumstantial evidence and witness credibility.
Khambule v S (AR 267/2018) [2023] ZAKZPHC 35 (24 March 2023)
The court found that the only evidence implicating the appellant was the complainant's identification, which was uncorroborated and unreliable due to inconsistencies between her testimony and police statement, lack of corroboration from other witnesses, and poor lighting conditions at the scene. The warning statement relied upon by the regional magistrate was inadmissible as it was not proved to be voluntary and was made to a non-commissioned officer. The defects in the appeal record and absence of leave to appeal on the robbery charge were not fatal to the hearing, as the record was sufficie…
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S v Tshuma (SS11/2022) [2022] ZAGPJHC 543 (10 August 2022)
The High Court acquitted the accused on all counts after finding the complainant’s identification unreliable and unsupported by objective evidence.
Johannes v S (A146/2018) [2022] ZAGPPHC 391 (8 June 2022)
The High Court upheld a rape conviction based on the evidence of a child complainant, but reduced the life sentence to 18 years’ imprisonment.
Mntungwa v S (A117/2020) [2021] ZAGPJHC 67 (27 May 2021)
The High Court dismissed an appeal against conviction, finding that the identification evidence was reliable and the appellant’s alibi was not credible.
Tsamaisi v S (CA&R 35/2020) [2021] ZANCHC 19 (16 April 2021)
The High Court dismissed a rape conviction appeal, holding that the complainant’s identification was reliable and the appellant’s alibi was not credible.
Mahabo v S (A88/2020) [2020] ZAFSHC 223 (21 September 2020)
The court found that the evidence of the single witness was not reliable and did not establish the appellant’s guilt beyond reasonable doubt. The circumstantial evidence was not properly applied, as it failed to exclude reasonable alternative inferences and did not point conclusively to the appellant as the perpetrator. The trial court misdirected itself by making a negative deduction from the appellant’s failure to testify, contrary to constitutional principles. The State’s failure to call other available witnesses further weakened its case. In light of these misdirections and the concession…
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Cele v S (AR383/18) [2020] ZAKZPHC 14 (14 May 2020)
The High Court dismissed an appeal against convictions for housebreaking with intent to rape and rape, and upheld a 20-year sentence for rape.
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