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South Africa decisions
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Mofokeng v S (A40/2024) [2024] ZAFSHC 351 (7 November 2024)
The High Court dismissed an appeal against convictions for corruption and reckless driving, confirming the trial court’s credibility findings and the lawfulness of the trap evidence.
Mmotla and Others v S (A99/2018) [2024] ZAGPPHC 362 (10 April 2024)
The convictions for murder, attempted murder, possession of firearms, and theft of a motor vehicle were set aside due to the absence of evidence directly linking the appellants to those offences and the improper application of the doctrine of common purpose, which was neither alleged nor proven. The evidence obtained via the police trap was admissible, as the conduct of the agents did not go beyond providing an opportunity to commit the offence. The first, third, and fourth appellants were found guilty of attempted robbery based on their active involvement in planning and executing the offenc…
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Viljoen v S (663/2018) [2019] ZASCA 22 (27 March 2019)
The Supreme Court of Appeal held that the police trap did not exceed providing an opportunity to offend, so the diamond-sale evidence was admissible and the appeal failed.
Rangaka and Another v S (A10/2016) [2017] ZAFSHC 59 (31 March 2017)
The court found that the contradictions in the State witnesses' evidence were not material and did not undermine the reliability of the prosecution's case. The evidence, when considered in its totality, established a consistent thread implicating the first appellant in the offence of corruption. The trap set by the police was authorized and did not go beyond providing an opportunity to commit the offence; the evidence obtained was admissible and did not render the trial unfair. The appellant's version was found to be improbable and not reasonably possibly true, particularly regarding the circ…
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Otto v S (AR 175/06) [2009] ZAKZPHC 22 (26 May 2009)
The High Court upheld an appeal against drug-related convictions, finding the trial court misdirected itself in assessing trap evidence and credibility.
S v Matsabu (186/08) [2008] ZASCA 149; 2009 (1) SACR 513 (SCA) ; [2009] 2 All SA 150 (SCA) (27 November 2008)
The Supreme Court of Appeal held that a police trap did not go beyond giving the appellant an opportunity to accept a bribe, so the evidence was admissible.
S v Chokwe and Others (96/03) [2005] ZANWHC 12 (27 January 2005)
The appeal was dismissed because the trial court's findings on the credibility of the state witnesses were justified. The contradictions in the evidence were not material and did not affect the reliability of the core facts. The conduct of the accused, particularly the failure to record the arrest and the suspicious circumstances surrounding the trap, supported the inference of guilt. The sentences imposed were appropriate given the seriousness and prevalence of corruption in the police service, and the personal circumstances of the accused did not warrant interference. The trial court did no…
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