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South Africa Case Law

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Criminal Law [2022] ZAGPJHC 1065

S v Kekana and Others (SS65/2021)

S v Kekana and Others (SS65/2021) [2022] ZAGPJHC 1065 (7 March 2022)

The High Court admitted CCTV/video footage in a criminal trial within a trial, finding the State proved originality and no tampering through witness evidence.

  • Admissibility Of Real Evidence
  • Video Evidence
  • Chain Of Custody
  • Originality And Authenticity
  • Trial Within Trial
  • Video-evidence
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Criminal Law [2011] ZASCA 88

Staggie v S (38/10)

Staggie v S (38/10) [2011] ZASCA 88; 2012 (2) SACR 311 (SCA) (27 May 2011)

The appeal was not properly prosecuted, with an unexplained and inexcusable delay of nearly seven years in filing the record and no application for condonation. No valid special entries were made, and the grounds advanced for appeal were insufficient and unsupported by argument or reference to the record. The trial court's discretionary rulings under sections 153 and 158 of the Criminal Procedure Act were correct and not susceptible to successful challenge. The appellant failed to demonstrate any miscarriage of justice or reasonable prospects of success. Accordingly, the appeal was struck fro…

  • Failure To Prosecute Appeal
  • Special Entries
  • Video Evidence
  • In Camera Proceedings
  • Witness Protection
  • Fair Trial Rights
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Criminal Law [2006] ZASCA 3

S v Green and Another (008/06)

S v Green and Another (008/06) [2006] ZASCA 3; 2006 (1) SACR 603 (SCA) (3 March 2006)

The Supreme Court of Appeal held that a bail decision could not stand where key State evidence was not produced and section 60(3) should have been invoked.

  • Bail Application
  • Exceptional Circumstances
  • Robbery With Aggravating Circumstances
  • Section 60 Criminal Procedure Act
  • Video Evidence
  • Fingerprint Evidence
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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.