South Africa Case Law

S v Zikhali (CC15/23)

S v Zikhali (CC15/23) [2023] ZAGPPHC 1847 (7 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC15/23

Judge

Cox

The court found that the only admissible evidence was the testimony of the deceased's mother, Sgt Thenga, and two video clips. The CCTV footage merely showed the accused and the deceased walking in proximity, without any interaction or indication that the accused accompanied the child. The circumstantial evidence was insufficient to draw the inference that the accused was the last person with the deceased or responsible for the offences. There was no evidence upon which a reasonable person could convict the accused on counts 3 to 6. Accordingly, the application for discharge under section 174…

Source excerpt

• Circumstantial Evidence
• Section 174 Discharge
• Kidnapping
• Murder
• Defeating The Ends Of Justice
• Violation Of Corpse

S v Ngubeni (SS84/2016)

S v Ngubeni (SS84/2016) [2017] ZAGPJHC 237 (17 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

SS84/2016

Judge

L Adams

The court found that the accused intentionally killed the deceased, Ms Zestah September, after a heated argument, and subsequently attempted to conceal his crime by misleading the police and family, destroying evidence, and burning the body. The accused's defence of temporary non-pathological criminal incapacity was rejected as improbable and unsupported by psychiatric evidence. The accused's actions before, during, and after the incident demonstrated conscious awareness and goal-directed behaviour, negating any claim of loss of control. The accused was also found guilty of defeating or obstr…

Source excerpt

• Murder
• Defeating Or Obstructing The Course Of Justice
• Violation Of Corpse
• Unlawful Possession Of Ammunition
• Criminal Capacity
• Temporary Non Pathological Incapacity

S v Maake (318/85)

S v Maake (318/85) [1986] ZASCA 60 (27 May 1986)

Court

Supreme Court of Appeal

Case number

318/85

Judges

Viljoen, Botha, Nestadt, War

The appeal against convictions for murder and violation of a corpse was dismissed. The court accepted accomplice evidence, corroboration, and rejected the alibi.

• Murder
• Credibility Of Single Witness
• Accomplice Evidence
• Alibi Defence
• Violation Of Corpse
• Accomplice-evidence