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South Africa decisions
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Bouwer v S (Bail Appeal) (BA09/2025) [2025] ZALMPPHC 94 (12 May 2025)
The High Court dismissed a bail appeal, finding no misdirection in refusing bail where the appellant posed risks of witness interference and evidence destruction.
Mahlangu v S (A238/23) [2024] ZAGPPHC 363; 2024 (2) SACR 219 (GP) (11 April 2024)
The High Court upheld an appeal against sentence in a statutory rape matter, replacing eight years’ imprisonment with three years wholly suspended.
Saul v S (Reasons) (CA&R 67/2023) [2024] ZANCHC 94 (13 March 2024)
The High Court set aside a refusal of bail, finding the offence was wrongly treated as Schedule 6. Bail was granted on agreed conditions.
Habana v S (92/2021) [2022] ZAECMKHC 51 (16 August 2022)
The court found that the magistrate misdirected herself in accepting the complainant's version without sufficient scrutiny and in applying the concept of grooming, which was not supported by the evidence. The relationship between the appellant and complainant did not reflect the power dynamics or prolonged inducement typical of grooming cases. The evidence indicated that the sexual acts were consensual, though the complainant was underage. Accordingly, the conviction for rape was set aside and substituted with a conviction for statutory rape under section 15(1)(a) of Act 32 of 2007. The court…
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Mathenjwa v S (A46/2020) [2020] ZAGPPHC 470 (18 August 2020)
The High Court dismissed a criminal appeal against convictions for rape of a 13-year-old child and kidnapping, upholding life imprisonment and a firearm disqualification order.
Mohale v S (A634/2017) [2019] ZAGPPHC 376; 2019 (2) SACR 666 (GP) (27 June 2019)
The High Court upheld an appeal against a statutory rape conviction, finding material evidence was ignored and the appellant’s mistaken-belief defence was reasonably possibly true.
S v April (CC32/2017) [2018] ZAECPEHC 10 (2 March 2018)
The High Court sentenced Simphiwe April to five years’ imprisonment for consensual sexual intercourse with a 13-year-old child under section 15 of SORMA.
Chikurunhe v Minister of Police (4491/2015) [2018] ZAGPPHC 111 (23 February 2018)
The court dismissed a claim for unlawful arrest and detention, holding that the arresting officer had a reasonable suspicion that the plaintiff had committed a Schedule 1 offence.
F v S (A565/2016) [2017] ZAGPPHC 1257 (9 June 2017)
Appeal from a statutory rape conviction failed, but the High Court reduced a life sentence to 18 years after finding the trial court overemphasized punishment.
Mashaba v S (A178/16) [2017] ZAGPPHC 270 (25 April 2017)
The High Court dismissed an appeal against rape conviction and life sentence, holding the appellant could not insist on a statutory-rape charge and that no mitigating circumstances were shown.
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