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South Africa decisions
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Swanepoel v S (A130/2023) [2024] ZAGPJHC 1202 (26 November 2024)
The High Court upheld an appeal against a robbery conviction, finding the State had not proved the vehicle identity or the appellant’s identification beyond reasonable doubt.
Cawu v S (A29/2018) [2024] ZALMPPHC 134 (17 September 2024)
The High Court dismissed the appeal against attempted murder, but upheld the rape appeal because the evidence did not prove penetration beyond reasonable doubt.
Nojiyeza v S (AR185/23) [2024] ZAKZPHC 63; 2024 (2) SACR 516 (KZP) (12 August 2024)
The court found that the admissions made by the appellant's legal representative during pre-trial conferences regarding the ballistic report and chain evidence constituted formal admissions under section 220 of the Criminal Procedure Act. These admissions relieved the State of the burden to prove those facts, and the appellant did not challenge or seek to revoke them at any stage. The ballistic report was properly admitted, and the appellant's attorney had a copy, making it unnecessary to read it into the record. The evidence of the police officers was corroborated and clear regarding the rec…
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Ndlovu v Safety and Security Sectoral Bargaining Council (JR1052/20) [2024] ZALCJHB 207 (13 May 2024)
Labour Court review of an arbitration award confirming substantive fairness of dismissal for alleged theft. Review dismissed; procedural unfairness compensation left intact.
Mxathuli v S (A236/2022) [2023] ZAGPPHC 725 (24 August 2023)
The appeal was upheld because the trial court failed to properly evaluate the evidence, particularly regarding the identification of the accused and the credibility of witnesses. Contradictions in witness testimony and the lack of corroboration regarding the number and location of stab wounds undermined the reliability of the State's case. The trial court applied the incorrect test by expecting the appellant to prove his innocence rather than considering whether his version was reasonably possibly true. The State conceded that the conviction and sentence could not be sustained. The appellate…
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African National Congress v Moqolo and Others (1852/2023) [2023] ZAFSHC 303 (1 August 2023)
The ANC failed to prove beyond reasonable doubt that the respondents received and had knowledge of the interim interdict before the council meeting. The evidence presented, including WhatsApp and SMS service, was insufficient and unsubstantiated, especially after the respondents challenged the ANC to provide delivery and read receipts. The ANC's reliance on probabilities and thematic replies did not meet the required criminal standard for contempt. Urgency was not adequately established, and there was no evidence of ongoing contempt. The application against the first to sixth respondents was…
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Maluleke v Ranchod and Others (215/2023) [2023] ZALMPPHC 23 (24 May 2023)
The High Court dismissed a contempt application, finding the respondents were not ordered to oppose the matter and had not acted wilfully or mala fide.
S v Ngwenya [2023] ZAGPPHC 205; A25/2022 (17 March 2023)
The appeal against conviction for firearm and ammunition possession succeeded. The court found credibility and chain-of-custody defects, and set aside conviction and sentence.
Tom v S (CA 01/2021) [2022] ZAECMKHC 98; 2023 (2) SACR 283 (ECMk) (29 November 2022)
The court held that reliable DNA evidence can, by itself, prove identity beyond reasonable doubt in a rape case and dismissed the appellant’s alibi-based appeal.
Mayekiso v S (CA&R34/21) [2021] ZAECGHC 79 (31 August 2021)
The High Court upheld an appeal against a rape conviction, finding the trial court misdirected itself on credibility, probabilities, and the standard of proof.
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