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

Japhtha v S (1016/2023)

Japhtha v S (1016/2023) [2025] ZASCA 80 (5 June 2025)

Court

Supreme Court of Appeal

Case number

1016/2023

Judges

Zondi, Smith, Unterhalter, Molopa-Sethosa, Molitsoane

The Supreme Court of Appeal set aside a rape conviction after finding material misdirections in assessing a single witness’s unreliable and intoxicated evidence.

• Rape
• Single Witness Evidence
• Cautionary Rule
• Admissions
• Intoxication
• Misdirection

Rathebe v S (1571/2024)

Rathebe v S (1571/2024) [2025] ZASCA 73 (30 May 2025)

Court

Supreme Court of Appeal

Case number

1571/2024

Judges

Mocumie, Keightley, Baartman, Phatshoane, Henney

The Supreme Court of Appeal found that the only evidence presented by the State against the appellant was the uncorroborated testimony of a single witness, which did not meet the high threshold of proof beyond reasonable doubt required for conviction. The appellant's version was exculpatory and supported by the evidence, and the trial court erred in its assessment by failing to consider alternative explanations for the complainant's injuries and by not giving the appellant the benefit of the doubt. The Court emphasized the constitutional rights to a fair trial and equal treatment, holding tha…

Source excerpt

• Single Witness Evidence
• Proof Beyond Reasonable Doubt
• Fair Trial Rights
• Equal Treatment
• Condonation For Late Filing

Morotoba and Another v S (Appeal) (A149/22)

Morotoba and Another v S (Appeal) (A149/22) [2025] ZAGPPHC 550 (21 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A149/22

Judges

N L Moila, J S Nyathi

The High Court dismissed an appeal against rape convictions and life sentences, finding the complainant credible, corroborated, and the minimum sentence justified.

• Rape
• Sexual Offences Act
• Minimum Sentences
• Single Witness Evidence
• Admissibility Of Bail Evidence
• Credibility Of Minor Witness

Phogole v S (370/2023)

Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025)

Court

Supreme Court of Appeal

Case number

370/2023

Judges

Makgoka, Mokgohloa, Mothle

The SCA upheld a rape conviction based on a single child witness, but reduced the sentence because the minimum-sentence warning was not properly shown on record.

• Rape Of Minor
• Single Witness Evidence
• Minimum Sentence Legislation
• Cautionary Rule
• Credibility Of Child Witness
• Sentencing Misdirection

S.J.T v S (A21/2023)

S.J.T v S (A21/2023) [2025] ZAFSHC 126 (8 May 2025)

Court

Free State High Court, Bloemfontein

Case number

A21/2023

Judges

Chesiwe, Daniso

Appeal against rape conviction and life sentence dismissed; the court upheld the complainant’s evidence, DNA corroboration, and minimum-sentence reasoning.

• Rape Of Minor
• Minimum Sentencing
• Single Witness Evidence
• Dna Evidence
• Appeal Principles
• Rape-of-minor

Sithole v Road Accident Fund (21176/2016)

Sithole v Road Accident Fund (21176/2016) [2025] ZAGPPHC 437 (16 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

21176/2016

Judge

Suder

Default judgment against the Road Accident Fund was refused after procedural defects and contradictory evidence left merits unresolved; quantum was postponed.

• Road Accident Fund Act
• Default Judgment
• Pleadings Amendment
• Striking Out Of Defence
• Single Witness Evidence
• Road-accident-fund

Mohale v S (Appeal) (A12/2024)

Mohale v S (Appeal) (A12/2024) [2025] ZALMPPHC 71 (14 April 2025)

Court

Limpopo High Court, Polokwane

Case number

A12/2024

Judges

Kganyago, Pillay

The High Court dismissed a rape appeal, upholding conviction and life sentence after finding the complainant’s identification credible and the alibi improbable.

• Rape
• Sexual Offences Act
• Minimum Sentencing
• Single Witness Evidence
• Admissibility Of Medical Evidence
• Alibi Defence

Hansraj v S (Appeal) (A107/2023)

Hansraj v S (Appeal) (A107/2023) [2025] ZAGPJHC 349 (19 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A107/2023

Judges

Allen, Makamu

The High Court dismissed an appeal against a sexual assault conviction, holding that the complainant was credible and the trial court made no material misdirection.

• Sexual Assault
• Single Witness Evidence
• Credibility Of Witnesses
• Circumstantial Evidence
• Hearsay Evidence
• Sexual-assault

Nkadimeng v S (Appeal) (A48/2024)

Nkadimeng v S (Appeal) (A48/2024) [2025] ZAGPPHC 294 (12 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A48/2024

Judges

MJ Mosopa, P Phahlane

The High Court dismissed an appeal against rape conviction and life sentence, finding the child complainant credible and the medical evidence sufficient.

• Rape Of Minor
• Single Witness Evidence
• Sentencing Discretion
• Substantial And Compelling Circumstances
• Sexual Offences Act
• Minimum Sentences