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Citation
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Judgment date
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| June 2025 |
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Review application dismissed due to lack of authority and untimeliness in challenging taxation proceedings.
Taxation of costs – authority to represent – failure to comply with procedural requirements – remedies for unopposed taxation.
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26 June 2025 |
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Conviction of police officers for corruption upheld with a mandatory minimum sentence emphasizing societal interest in deterring corruption.
Criminal law - Sentencing - Corruption - Police bribery - Minimum sentence - Substantial and compelling circumstances - Societal interests in deterrence.
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19 June 2025 |
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15 June 2025 |
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Police officers found guilty of corruption after lawful entrapment operation without credible defense against bribery claims.
Criminal Law – Corruption by police officers – Entrapment operation admissibility – Section 252A compliance – Conviction in absence of testimony.
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11 June 2025 |
| May 2025 |
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Robbery conviction based on circumstantial evidence, single witness identification, and admissibility of warrantless search.
Criminal law – Robbery – Use of circumstantial evidence – Warrantless search – Single witness identification.
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29 May 2025 |
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Accused found guilty of robbery and attempted robbery, with witness identification and circumstantial evidence proving decisive.
Criminal Law - Identification evidence - Evaluation of single witness identification and dock identification - Robbery with aggravating circumstances - Application of minimum sentencing legislation to inchoate offenses.
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20 May 2025 |
| April 2025 |
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Accused discharged where prosecution failed to prove confession was voluntary and admissible under section 217 CPA.
Criminal law – Confession – Admissibility – Voluntariness – Requirements of section 217 Criminal Procedure Act – operating mind, absence of oppression, proper recording of questions and answers. Constitutional protections – Section 35 rights – impact of prior breaches on subsequent statements and taint doctrine. Evidentiary sufficiency – Application of section 174 CPA where confession is excluded and State fails to prove case. Procedure – Necessity for competent interpretation and accurate recording when taking confessions; referral of counsel conduct for investigation.
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9 April 2025 |
| December 2024 |
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Court deemed arrest and detention lawful in a domestic violence charge; plaintiff's claim dismissed with costs.
Criminal Procedure – Domestic violence arrest – Lawfulness of warrantless arrest – Justification of detention – Exercise of discretion in arrest.
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3 December 2024 |
| November 2024 |
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Arrest and detention lawful where assault occurred in the presence of police and the officer’s discretion was rational.
Criminal procedure – Warrantless arrest – s 40(1)(a) CPA – assault committed in presence of police; discretion to arrest – rationality standard; detention – onus on police to justify custody and application of mind to release decision; credibility and probabilities in mutually destructive versions.
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29 November 2024 |
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Supermarket found liable for damages due to insufficient evidence of safety measures to prevent slip and fall accident.
Tort Law – Personal Injury – Slip and Fall – Negligence – Duty of Care – Res Ipsa Loquitur – Reasonableness of Safety Systems
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26 November 2024 |
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The defendant’s detention of the plaintiff on reasonable suspicion of card fraud was lawful; all claims dismissed.
Criminal procedure – Arrest by private person (s 42 CPA) – Objective reasonable-suspicion test; Evidence – corroboration by bank investigator and prior fraudulent transactions; Civil liability – limits of private detainer’s liability once police arrest occurs; Non-joinder – consequences of failing to join police/garage/other role-players; Defamation – requires arbitrariness or malice absent where detention based on reasonable suspicion.
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25 November 2024 |
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The court rescinded an unlawful taxation allocatur, limiting costs to a specific court order's timeframe.
Costs order - Rescission of allocatur - Whether covering entire defense costs was justified - Jurisdiction of court to rescind taxing master's decision.
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14 November 2024 |
| August 2024 |
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Accused were convicted for a fraudulent payment scheme against Massmart and money laundering violations.
Fraud – Unauthorised payments – Misrepresentation to Massmart and Standard Bank – Money laundering under the Prevention of Organized Crime Act.
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28 August 2024 |
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Attorney sentenced to imprisonment for theft of trust funds, emphasizing custodial sentences for maintaining professional integrity.
Criminal Law - Theft of trust funds - Sentencing of attorneys - Custodial sentences necessary to reflect crime's gravity and serve as deterrence.
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8 August 2024 |
| May 2024 |
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Court finds employees and a service provider guilty of fraud in false invoicing scheme using testimonial and circumstantial evidence.
Fraud – False invoicing – Reliable accomplice witness and hearsay evidence – Corporate crime implication – Inferential reasoning for guilt.
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14 May 2024 |
| April 2024 |
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Leave to appeal rape conviction refused after application of leave-to-appeal test and statutory definition of consent.
Leave to appeal — test of reasonable prospects of success; Sexual Offences Act — consent must be conscious and voluntary; mere submission/acquiescence not consent (Mugridge); section 1(3)(b) abuse of power relevant in parent-child sexual offences; leave to appeal refused.
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30 April 2024 |
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Accused father sentenced to lengthy imprisonment for raping his 15‑year‑old daughter; medical condition found substantial mitigating factor.
Sexual offences – intra‑familial rape of a child by her father – aggravating features: breach of trust, victim’s young age, offences in family home, protracted abuse, HIV infection; sentencing – primacy of denunciation and deterrence under s51 CLAA; proportionality test and recognition of substantial and compelling circumstances (medical condition); ancillary orders – publication ban, sex‑offender registration, declaration of unsuitability to work with children, notifications to social development, firearms licencing consequences.
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26 April 2024 |
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The court found the accused guilty of rape and assault based on credible testimony from child witnesses supported by medical evidence.
Criminal Law - Sexual Offences - Assessing credibility of child witnesses - Reliability without corroboration - Consistency in testimony.
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22 April 2024 |
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Court applies a common-sense approach to child evidence, convicts on rape and one assault count, rejects accused’s testimony.
• Evidence — Child witnesses: adopt a common-sense assessment; no automatic adult standard or mandatory corroboration requirement. • Sexual offences — credibility, delayed disclosure and peripheral inconsistencies do not necessarily defeat core consistent testimony. • Confirmatory evidence — medical reports and photographs can materially support complainants’ accounts. • Credibility — accused’s evasive and inconsistent testimony may be rejected; plea explanations are evidential material. • Procedural — defective or insufficiently particularised charges may prevent conviction on specific counts.
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22 April 2024 |
| February 2024 |
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Bail pending review refused where review prospects are remote, delay is inordinate and interests of justice oppose release.
Criminal procedure — Bail pending review after conviction — s 60(11)(b) CPA — test requires realistic prospects of success on review and that interests of justice permit release — delay, abuse of process, hearsay allegations of informal plea agreements and coercion by counsel — bail refused.
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29 February 2024 |
| October 2023 |
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A court reduced the prescribed life sentence for child rape, finding the accused’s age and serious health impairments substantial and compelling.
• Criminal law – sexual offences against children – rape by parent – aggravating factors: abuse of trust, age of victim, duration/frequency, likely psychological harm; need for denunciation and deterrence.
• Sentencing – minimum prescribed sentence (life) – application of substantial and compelling circumstances under s.51(3) to justify a lesser sentence.
• Sentencing considerations – accused’s age, poor health and physical impairment (blindness, epilepsy) as mitigating factors.
• Ancillary orders – publication restraint, inclusion on National Register for Sex Offenders, unsuitability to work with children, victim assessment and therapy.
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25 October 2023 |
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Medical corroboration and an accused’s admissions supported conviction; child anonymity and witness recall were permitted.
Criminal law – Sexual offences – child complainants – anonymity and intermediary testimony – section 153/154 Criminal Procedure Act. Criminal procedure – recall of State witness – discretion and prejudice to accused. Evidence – medico‑legal corroboration (ruptured hymen) as supporting penetration and rape conviction. Admissions – informal admissions to medical staff and their weight. Credibility – oath‑against‑oath assessment; delays and inconsistencies in child testimony do not automatically destroy credibility.
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25 October 2023 |
| July 2023 |
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Planned and deliberate murder justified a life sentence under s51(1); no substantial and compelling circumstances to deviate.
Criminal law – Murder (planned and deliberate) – application of minimum sentence under s51(1) Criminal Law Amendment Act 105/1997 – absence of substantial and compelling circumstances – life imprisonment; obstructing course of justice – concurrent sentence; ancillary victim-support and firearms orders; consideration of children’s interests.
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24 July 2023 |
Fraud and contraventions - Municipal Financial Management Act |
14 July 2023 |
| June 2023 |
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Court convicted the first and second accused of murder and obstructing justice based on cumulative cellphone and witness evidence.
Criminal law — Murder — common purpose and circumstantial evidence — cellphone call‑data and propagation mapping as corroboration — credibility of co‑accused testimony — Browne v Dunn duty to confront witnesses — obstructing course of justice; conspiracy charge where substantive offence committed.
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30 June 2023 |
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Court evaluates substantial and compelling circumstances to potentially deviate from the prescribed minimum for robbery.
Criminal Law – Sentencing – Robbery with aggravating circumstances – Substantial and compelling circumstances – Prescribed minimum sentence. |
24 June 2023 |
| April 2023 |
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Metro police officer’s handcuffing and van confinement constituted an unlawful arrest and assault; plaintiff awarded R100,000 plus interest and costs.
Unlawful arrest and detention; handcuffing and confinement constitute arrest; necessity for lawful basis and compliance with Criminal Procedure Act; absence of warrant and failure to bring arrestee to station renders arrest unlawful; unchallenged evidence of assault and emotional shock accepted; damages and costs awarded.
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24 April 2023 |
| March 2023 |
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Leave to appeal refused: serious large‑scale fraud outweighed remorse, gambling addiction and primary‑caregiver considerations.
Criminal law – sentencing for large‑scale fraud – prescribed minimum sentences and substantial and compelling circumstances; pathological gambling as mitigation; sentencing of primary caregiver – s 28 Constitution and S v M guidelines; test for leave to appeal (reasonable prospects of success).
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13 March 2023 |
| February 2023 |
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Pathological gambling found a substantial and compelling circumstance permitting deviation from prescribed minimum sentences; effective nine years imprisonment.
Criminal law – Sentencing – Section 112(2) plea binding for sentencing facts – Section 51(2)/(3) Criminal Law Amendment Act – prescribed minimum sentences and substantial and compelling circumstances – pathological gambling as mitigation – sentencing triad and deterrence – ancillary orders for children's welfare.
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14 February 2023 |
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Default judgment rescinded where service was defective and applicants showed bona fide defences raising triable issues.
Rescission of default judgment — adequacy of explanation for default; validity of service at domicilium; requirement of bona fide defence with prima facie prospect; excipiability of particulars for incomplete MOI; non-joinder of municipality; disputes over levy quantum fit for trial.
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9 February 2023 |
| January 2023 |
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Whether the accused’s honest and reasonable belief of imminent attack established private defence, defeating murder charges.
Criminal law – private defence – evidential burden where accused admits assault or killing – accused must place evidence showing circumstances of private defence. Criminal procedure – section 174 application – discharge at close of State case inappropriate where private defence raises an evidential burden. Private defence – elements: trigger (subjective belief on reasonable grounds), motive (defensive purpose), response (objective proportionality); factors for assessment include imminence, weapons, age/size, relationship history and available alternatives. Evidence – credibility and consistency of interested witnesses; admissibility of victim’s disposition for violence to show probability of aggression.
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13 January 2023 |
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Accused acquitted on grounds of private defence; state's evidence insufficient to prove guilt beyond reasonable doubt.
Criminal Law - Private Defence - Self-defence in familial conflict - Burden of proof in private defence claims - Credibility and proportionality of defensive acts.
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13 January 2023 |
| October 2022 |
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Child Justice Act sentencing: rehabilitation and supervision prioritized with suspended imprisonment and victim‑centred orders for a child convicted of a sexual offence.
Child Justice Act – sentencing objectives (section 69) – balancing rehabilitation, accountability and proportionality; use of custody as last resort – correctional supervision and suspended imprisonment with conditions for a child convicted of a sexual offence against a minor; victim assessment and therapeutic measures; publication restrictions under section 154 Criminal Procedure Act.
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6 October 2022 |
| September 2022 |
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Condonation granted but leave to appeal refused for lack of reasonable prospects of success on convictions and sentence.
Condonation – application for leave to appeal – multi-factor test for condonation and exercise of judicial discretion. Appeal – leave to appeal – reasonable prospects of success standard and assessment of grounds. Evidence – witness omissions v inconsistencies; credibility assessed holistically; corroboration by cellphone evidence. Search and seizure – Criminal Procedure Act ss 20, 22, 23; warrantless searches permissible where delay would defeat the object; exclusion not necessary where evidence would have been lawfully discovered. Criminal law – doctrine of common purpose – application upheld on the evidence. Sentence – principles of deterrence and denunciation; sentence not unduly harsh.
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30 September 2022 |
| August 2022 |
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A consent settlement order made by mistake (justus error) can be set aside to restore appeal rights.
Civil procedure – consent judgments and Rule 27(6) settlement agreements – rescission/variation limited to fraud or exceptional justus error; effect of consent order on right of appeal (Magistrates’ Court Act s.83); when court may set aside consent order and restore status quo ante.
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31 August 2022 |
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Court found substantial and compelling circumstances justified reducing prescribed life sentence for child rape to fifteen years.
Criminal law – Sentencing – Rape of a child under 16 – proportionality and individualization – substantial and compelling circumstances permitting deviation from prescribed life sentence – ancillary orders: publication ban, sex offenders’ register, unsuitability to work with children, firearms directions.
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4 August 2022 |
| July 2022 |
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No substantial and compelling circumstances found; mandatory 15-year minimum imposed for armed robbery with aggravating circumstances.
Criminal law – Robbery with aggravating circumstances – Use of loaded firearm and premeditation – Mandatory minimum sentence under s51(2) Criminal Law Amendment Act 105/1997 – Substantial and compelling circumstances test under s51(3). Sentencing – Objectives: deterrence and denunciation prioritized where offence is planned and violent; prior convictions and planning are aggravating factors. Procedure – Rights of complainant/family to make representations at parole in terms of s299A Criminal Procedure Act.
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27 July 2022 |
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The court emphasized deterrence in sentencing for home invasion robbery with aggravating factors, including firearm use.
Criminal Law - Sentencing - Home Invasion Robbery - Aggravating circumstances - Proportionality - Use of firearms
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26 July 2022 |
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Second and third accused discharged under s174; first accused convicted of robbery but acquitted on ammunition charge for lack of forensic proof.
Criminal procedure – discharge at close of State case (s174) – no evidence implicating accused; Identification – previous-knowledge identification and photographic stills; Search and seizure – reasonable suspicion/grounds and constitutionality; Possession of recently stolen goods – inference of theft; Firearms Control Act – requirement of evidential proof that seized items constitute ‘ammunition’.
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26 July 2022 |
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Court convicts accused of robbery with aggravating circumstances, applying the doctrine of recent possession, acquits on some firearm charges.
Criminal law – Robbery with aggravating circumstances – Identification – Doctrine of recent possession – Firearm possession under Firearms Control Act.
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18 July 2022 |
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Cell‑site, vehicle and circumstantial evidence found searches lawful and proved common purpose, supporting convictions for robbery and firearm offences.
Criminal law – Search and seizure – Reasonable suspicion under sections 20 and 22 CPA; admissibility and probative value of cell‑site/tower call‑data; circumstantial evidence and common purpose in aggravated robbery; firearm possession (Firearms Control Act).
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18 July 2022 |
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Child complainant's evidence, corroborated by timely medical findings, sufficed for rape conviction despite no DNA and a bare denial.
Criminal law – Sexual offences against a child – Cautionary rule for sexual/child complainants disapproved; evidence assessed case-by-case. Child-witness evidence – issues of memory, suggestibility, demeanor and peripheral inconsistencies. Corroboration – medico-legal evidence of fresh genital injuries can materially corroborate a child complainant. DNA – absence of DNA may be neutral where timely clinical findings support assault. Bare denial – an untested or late alternative-suspect allegation and a bare denial do not necessarily raise reasonable doubt.
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4 July 2022 |
| June 2022 |
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Whether consent induced by false pretences vitiates consent and whether the State proved rape beyond reasonable doubt.
Criminal law – Sexual offences – Consent – Whether consent vitiated by false pretences/fraudulent representations under s1(3)(c) of CL(SO)A 32/2007 – fraud limited to nature/quality of act or identity of offender. Evidence – Single witness cautionary approach; assessment of credibility and inconsistencies. Evidence – Corroboration: toy firearm and defence witness. Procedure – Browne v Dunn obligation to confront witnesses with matter intended to be contradicted. Burden – State must prove guilt beyond reasonable doubt; benefit of doubt to accused.
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13 June 2022 |
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Insufficient evidence of possession and unlawful, unproven warrantless searches led to discharge under section 174.
Criminal law – possession (corpus and animus) – requirement of control and intention to possess; Criminal procedure – search and seizure without warrant (s 20, s 22 CPA) – consent and reasonable suspicion; Section 174 CPA – discharge where State fails to adduce minimum evidence; Constitutional rights – presumption of innocence and protection against self‑incrimination.
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7 June 2022 |
| May 2022 |
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The court refused to strike the matter under s342A, holding pre‑arraignment delay outside s342A's scope.
Criminal Procedure Act s342A – unreasonable delay enquiry; intra‑curial v extra‑curial delay; s342A remedies limited to post‑commencement delay; permanent stay (extraordinary High Court remedy) for pre‑arraignment prejudice; systemic forensic delays may justify pre‑indictment lapse but do not alone invoke s342A relief.
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22 May 2022 |
| April 2022 |
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Leave to appeal refused where alleged inconsistencies and conduct-based myths did not render the sexual-offence conviction unsafe.
Criminal procedure – Leave to appeal – condonation for non-compliance with Rule 67 where oral application made immediately after sentence; low ‘not frivolous’ threshold for leave-to-appeal applications. Evidence – Sexual offences – credibility of complainant – delay in disclosure and failure to scream are not conclusive indicators of fabrication; myths and stereotypes rejected. Pre-sentence and ancillary material – limits on use of social worker reports and pre-sentence reports in determining guilt.
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26 April 2022 |
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Court imposed a restorative, conditional suspended sentence for involvement in stolen motor-vehicle activities, with restitution and community service.
Criminal law – Sentencing – Receiving/possession of stolen motor vehicles – Restorative justice and proportionality – Suspended sentence with conditions including symbolic restitution and community service – Ancillary firearm fitness order.
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21 April 2022 |
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The State failed to prove rape beyond reasonable doubt due to unreliable identification and inconsistencies in the evidence.
Criminal law — Sexual offences — Alleged rape of possibly mentally disabled person — Single-witness caution — Dock identification unreliable — Alibi and medical evidence assessed together — Acquittal for lack of proof beyond reasonable doubt.
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21 April 2022 |
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Accused convicted for stealing school laptops sentenced to seven years for lack of remorse and a recent similar conviction.
Criminal law — Sentencing — Housebreaking and theft of donated school laptops — Lack of genuine remorse — Previous similar conviction as aggravating factor — Proportionality, general and individual deterrence — Custodial sentence of seven years — Ancillary orders under Firearms Control Act and Social Assistance Act.
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21 April 2022 |
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The accused convicted of stealing school laptops sentenced to seven years due to lack of remorse and prior conviction.
Criminal law – Sentencing – Burglary and theft of donated school laptops – Lack of genuine remorse – Previous similar conviction aggravates – Proportionality and deterrence justify custodial sentence – Ancillary orders under Firearms Control Act and social welfare inquiry.
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21 April 2022 |