South Africa Case Law

Patel v National Director of Public Prosecutions: Johannesburg (838/2015)

Patel v National Director of Public Prosecutions: Johannesburg (838/2015) [2016] ZASCA 191; 2017 (1) SACR 456 (SCA) (1 December 2016)

Court

Supreme Court of Appeal

Case number

838/2015

Judges

Maya, Pillay, Swain, Van Der Merwe, Schippers

The Supreme Court of Appeal held that the double criminality rule must be satisfied at the date of the extradition request, not the date of commission of the alleged offence. The wording of the Extradition Act and the Treaty, specifically 'is punishable', refers to the present and not to past conduct. This interpretation is consistent with the purpose of extradition, reciprocity, and international cooperation in criminal matters. The applicant’s reliance on foreign and local cases interpreting the conduct date as decisive was rejected, as those decisions were based on different statutory word…

Source excerpt

• Extradition
• Double Criminality
• Financial Intelligence Centre Act
• Treaty Interpretation
• Sufficiency Of Evidence

Nemavhola v S (45/13)

Nemavhola v S (45/13) [2013] ZASCA 81 (30 May 2013)

Court

Supreme Court of Appeal

Case number

45/13

Judges

Cachalia, Petse, Erasmus

The Supreme Court of Appeal set aside a rape conviction and life sentence, finding penetration was not proved beyond reasonable doubt and the alibi remained reasonably possibly true.

• Rape
• Sufficiency Of Evidence
• Identification
• Alibi
• Medical Evidence
• Burden Of Proof

Toli v S (CA & R 292/2006)

Toli v S (CA & R 292/2006) [2011] ZAECGHC 39 (24 August 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

CA & R 292/2006

Judges

Dhlodhlo, Chetty

The High Court set aside a theft conviction after finding the State’s evidence contradictory and the appellant’s version reasonably possibly true.

• Theft
• Sufficiency Of Evidence
• Contradictory Testimony
• Setting Aside Conviction
• Criminal-law
• Sufficiency-of-evidence

S v Matshelane

S v Matshelane [2004] ZAFSHC 4 (12 February 2004)

Court

Free State High Court, Bloemfontein

Case number

430/2002

Judges

Cillié, Musi, Van der Merwe

Criminal appeal in which the High Court set aside a rape conviction because the complainant’s single-witness evidence was not satisfactory in all material respects.

• Single Witness Testimony
• Rape
• Credibility Assessment
• Burden Of Proof
• Sufficiency Of Evidence
• Criminal-appeal