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South Africa Case Law

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Criminal Law [2022] ZAGPPHC 223

Mambane and Others v S (A116/2021)

Mambane and Others v S (A116/2021) [2022] ZAGPPHC 223 (11 March 2022)

The High Court dismissed an appeal against convictions for tampering with essential infrastructure and theft of copper cables, and upheld 15-year minimum sentences.

  • Essential Infrastructure Offences
  • Minimum Sentencing
  • Duplication Of Charges
  • Theft Of Copper Cables
  • Statutory Vs Common Law Offences
  • Essential-infrastructure-offences
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Criminal Law [2018] ZAFSHC 17

Njango and Another v S (06/2016)

Njango and Another v S (06/2016) [2018] ZAFSHC 17 (27 February 2018)

The court found that the evidence against the applicant was overwhelming, consisting of corroborated witness testimony, objective cellular data, and physical evidence linking the applicant to the offences. The applicant and his co-accused opted not to testify, leaving the prosecution case unchallenged and justifying an adverse inference. The court held that the only reasonable inference was that the applicant was guilty beyond reasonable doubt. Regarding sentence, the court found no substantial and compelling circumstances to deviate from the prescribed minimum sentence for count 16 and that…

  • Leave To Appeal
  • Minimum Sentencing
  • Circumstantial Evidence
  • Adverse Inference From Silence
  • Theft Of Copper Cables
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.