South Africa Case Law

M.P.S v S (A21/2024)

M.P.S v S (A21/2024) [2025] ZAGPJHC 703 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A21/2024

Judges

Malindi, Mia

The appeal court found that the trial court correctly applied the cautionary rule to the evidence of the complainant, a single child witness. The complainant's account was corroborated by medical evidence indicating injuries consistent with vaginal penetration, her mother's testimony regarding her pain and distress, and her consistent reporting of the incident. The contradictions in the State's case were not material and did not undermine the overall credibility of the complainant. The appellant's denial was found to be false and not reasonably possibly true when viewed against the totality o…

Source excerpt

• Rape Of Minor
• Single Witness Cautionary Rule
• Credibility Of Child Witness
• Corroboration
• Minimum Sentences Act
• Powers Of Appeal Court

Nzima v S (Appeal) (A132/2023)

Nzima v S (Appeal) (A132/2023) [2025] ZAGPPHC 483 (19 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A132/2023

Judges

N V Khumalo, M M D Lenyai, G N Moshoana

The High Court dismissed Nzima’s appeal against conviction for murder and related offences, holding that the accomplice evidence was reliable and corroborated.

• Murder
• Robbery With Aggravating Circumstances
• Minimum Sentence Act
• Single Witness Cautionary Rule
• Accomplice Evidence
• Alibi Defence

Mbayeka v S (CA&R 11/2022)

Mbayeka v S (CA&R 11/2022) [2025] ZANCHC 41 (16 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 11/2022

Judges

Williams, Nxumalo

Appeal in a rape matter dismissed on conviction but allowed on sentence, with life imprisonment replaced by 20 years and antedated.

• Rape
• Single Witness Cautionary Rule
• Sentencing Discretion
• Substantial And Compelling Circumstances
• Credibility Assessment
• Appeal Against Sentence

Len v S (A03/2014)

Len v S (A03/2014) [2025] ZAGPJHC 402 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A03/2014

Judges

MMP Mdalana-Mayisela, G Malindi

The High Court upheld an appeal against convictions for a firearms-control offence and common assault, setting aside both convictions and sentences.

• Firearms Control Act
• Pointing Of Firearm
• Assault Common
• Single Witness Cautionary Rule
• Credibility Of Witnesses
• Firearms-control-act

Wapi v S (Appeal) (CA&R 11/2023)

Wapi v S (Appeal) (CA&R 11/2023) [2025] ZAECBHC 8 (8 April 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 11/2023

Judges

Jolwana, Pakati

The High Court upheld an appeal against a rape conviction, finding the trial court failed to properly assess the evidence, the accused’s version, and the single-witness cautionary rule.

• Rape
• Consent
• Single Witness Cautionary Rule
• Burden Of Proof
• Mens Rea
• Credibility Assessment

Sakman v S (A154/24)

Sakman v S (A154/24) [2025] ZAFSHC 46 (18 February 2025)

Court

Free State High Court, Bloemfontein

Case number

A154/24

Judges

Reinders, Daniso

The High Court upheld an appeal against a rape conviction and life sentence, finding material contradictions in the complainant’s evidence and no proof beyond reasonable doubt.

• Rape
• Single Witness Cautionary Rule
• Consensual Sex Defence
• Credibility Of Witnesses
• Minimum Sentencing
• Appeal Principles

Moloi v Road Accident Fund (63711/2016)

Moloi v Road Accident Fund (63711/2016) [2024] ZAGPPHC 1071 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

63711/2016

Judge

H W Theron

The High Court dismissed a Road Accident Fund claim after finding the plaintiff’s evidence improbable, inconsistent on dates, and unsupported by the records.

• Road Accident Fund Claim
• Hit And Run
• Single Witness Cautionary Rule
• Burden Of Proof
• Hospital Records Evidence
• Road-accident-fund

Blom v S (A89/2023)

Blom v S (A89/2023) [2024] ZAFSHC 243 (12 August 2024)

Court

Free State High Court, Bloemfontein

Case number

A89/2023

Judges

Van Zyl, Loubser

The High Court upheld Blom’s appeal against a rape conviction, set aside the sentence, and ordered an acquittal after finding material credibility problems.

• Rape
• Single Witness Cautionary Rule
• Credibility Assessment
• Contradictory Evidence
• Onus Of Proof
• Sexual Offences Act

Michael v S (A111/2024)

Michael v S (A111/2024) [2024] ZAWCHC 239 (6 August 2024)

Court

Western Cape High Court, Cape Town

Case number

A111/2024

Judges

Thulare, Parker

The High Court upheld an appeal against a DUI conviction, finding the State failed to prove beyond reasonable doubt that the appellant was under the influence while driving.

• Driving Under The Influence
• National Road Traffic Act
• Criminal Standard Of Proof
• Single Witness Cautionary Rule
• Driving-under-the-influence
• Criminal-standard-of-proof

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