South Africa Case Law

Mohelepi v S (A102/2024)

Mohelepi v S (A102/2024) [2024] ZAGPJHC 893 (17 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A102/2024

Judge

Dosio

The court found that the appellant failed to discharge the onus to show that the interests of justice permit his release on bail. The appellant's frequent border crossings, lack of permanent residence, emotional and family ties to Lesotho, and previous conviction for contravening immigration laws established a significant flight risk. The seriousness of the charges, including unlawful possession of a large quantity of ammunition and a hand grenade, and the potential for lengthy imprisonment further weighed against bail. The appellant relied solely on affidavit evidence, which was less persuas…

Source excerpt

• Bail Application
• Flight Risk
• Unlawful Possession Of Ammunition
• Unlawful Possession Of Explosives
• Onus Of Proof
• Interests Of Justice

S v Ndukwane (CA&R:178 /2004)

S v Ndukwane (CA&R:178 /2004) [2005] ZANCHC 14 (17 March 2005)

Court

Northern Cape High Court, Kimberley

Case number

CA&R:178 /2004

Judges

C C Williams, H J Lacock

Appeal against convictions under the Explosives Act partly succeeded only on sentence: both convictions were upheld, but the second-charge sentence was reduced to three years.

• Unlawful Possession Of Explosives
• Unlawful Causing Of Explosion
• Sentencing Principles
• Mens Rea
• Interpretation Of Statute
• Criminal-law

S v Mbuli (422/2001)

S v Mbuli (422/2001) [2002] ZASCA 78; 2003 (1) SACR 97 (SCA) (7 June 2002)

Court

Supreme Court of Appeal

Case number

422/2001

Judges

Marais, Zulman, Nugent

The court upheld the robbery conviction but set aside the hand-grenade conviction, holding that joint possession was not proved beyond reasonable doubt.

• Robbery
• Unlawful Possession Of Explosives
• Joint Possession
• Identification Evidence
• Onus Of Proof
• Sentencing