South Africa Case Law

S v Samson (10/2025)

S v Samson (10/2025) [2025] ZAECQBHC 19 (20 June 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

10/2025

Judge

Govindjee

The court found that the accused acted in self-defence when he shot the deceased, based on the medical evidence, the trajectory of the bullet, and the circumstances of the armed intrusion. The accused's version was reasonably possible and supported by the evidence, leading to acquittal on the murder charge. However, the accused's subsequent conduct, including kidnapping Blaauw, attempted murder by firing shots at him, and actions to defeat the ends of justice by disposing of the body and concealing evidence, were inconsistent with lawful conduct and not justified by self-defence. The court fo…

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• Self Defence
• Kidnapping
• Attempted Murder
• Defeating The Ends Of Justice
• Single Witness Credibility
• Criminal Procedure Act

Kalipha v Road Accident Fund (867/2023)

Kalipha v Road Accident Fund (867/2023) [2025] ZAECMHC 31 (29 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

867/2023

Judge

Rusi

The High Court refused default judgment against the Road Accident Fund after finding the plaintiff had not proved, on a balance of probabilities, that a motor vehicle caused her ankle injury.

• Road Accident Fund Act
• Default Judgment
• Negligence
• Single Witness Credibility
• Hearsay Evidence
• Road-accident-fund

Sauls v S (A143/2022)

Sauls v S (A143/2022) [2023] ZAGPJHC 664 (8 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A143/2022

Judges

Thupaatlase, Karam

Appeal dismissed in a robbery-with-aggravating-circumstances case. The High Court upheld the complainant’s identification and the 15-year sentence.

• Robbery With Aggravating Circumstances
• Identification Evidence
• Minimum Sentencing
• Appeal Principles
• Single Witness Credibility
• Robbery-with-aggravating-circumstances

Ras v Road Accident Fund (A156/2021)

Ras v Road Accident Fund (A156/2021) [2022] ZAGPPHC 383 (31 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

A156/2021

Judges

A.C. Basson, M Kubushi, H Kooverjie

The High Court dismissed an appeal in a Road Accident Fund claim after finding the plaintiff’s trial evidence materially departed from her pleaded case.

• Road Accident Claim
• Pleadings And Amendments
• Single Witness Credibility
• Burden Of Proof
• Road-accident-fund
• Pleadings

Muller v S (A172/16)

Muller v S (A172/16) [2017] ZAFSHC 19 (9 February 2017)

Court

Free State High Court, Bloemfontein

Case number

A172/16

Judges

M C Mokgobo, J P Daffue

Appeal against a culpable homicide conviction from a motor vehicle collision. Conviction was upheld, but licence-related sentence orders were set aside as disproportionate.

• Culpable Homicide
• Motor Vehicle Collision
• Novus Actus Interveniens
• Single Witness Credibility
• Sentencing Principles
• Culpable-homicide

Human v Road Accident Fund (62174/2013)

Human v Road Accident Fund (62174/2013) [2016] ZAGPPHC 134 (8 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

62174/2013

Judge

Olivier

The court found that, despite inconsistencies in the plaintiff's evidence and the absence of eyewitnesses, the plaintiff's version was credible and supported by expert evidence. The expert's analysis of the vehicle damage was thorough and independent, and the probabilities favoured the plaintiff's account that his vehicle was struck from behind by another vehicle, causing the accident. The court accepted the expert's conclusions and found that the defendant is liable for the plaintiff's damages.

Source excerpt

• Road Accident Fund Claim
• Negligence
• Onus Of Proof
• Expert Evidence
• Single Witness Credibility

V v S (A85/2014)

V v S (A85/2014) [2015] ZAFSHC 51 (12 March 2015)

Court

Free State High Court, Bloemfontein

Case number

A85/2014

Judges

E K Tsatsi, S Ebrahim

Appeal against rape conviction and 15-year sentence dismissed. The High Court upheld the complainant’s evidence, rejected the alibi, and confirmed sentence.

• Rape
• Single Witness Credibility
• Cautionary Rule
• Minimum Sentencing
• Alibi Defence
• Child Sexual Offences

Kwathani v Road Accident Fund (71348/11)

Kwathani v Road Accident Fund (71348/11) [2013] ZAGPPHC 174 (14 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

71348/11

Judge

Chetty

The court found the plaintiff to be a credible and honest witness whose evidence was unchallenged by the defendant, which failed to call any witnesses, including the insured driver. The plaintiff was walking on the shoulder of the road reserved for pedestrians and had no reasonable means to avoid the collision. The defendant's argument for contributory negligence was unsupported by evidence. The court distinguished the facts from Gaba v Minister of Police, finding no negligence on the part of the plaintiff. The collision was caused solely by the negligent driving of the insured driver, and th…

Source excerpt

• Road Accident Fund Act
• Negligence
• Apportionment Of Damages
• Single Witness Credibility