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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana

Deputy Judge President P L Goliath

Judge N C Erasmus

Judge R Allie

Judge T C Ndita

Judge A Le Grange

Judge V C Saldanha

Judge C M J Fortuin

Judge M I Samela

Judge R C A Henney

Judge M J Dolamo

Judge J I Cloete

Judge B P Mantame

Judge K M Savage

Judge G Salie Da Silva

Judge L Nuku

Judge E D Wille

Judge T Papier

Judge M K Parker

Judge M Sher

Judge S Kusevitsky

Judge H M Slingers

Judge M Francis

Judge N Mangcu-Lockwood

Judge J D Lekhuleni

Judge D M Thulare

Judge C N Nziweni

Judge M Holderness

Judge M Pangarker

Judge N E Ralarala

 

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Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001
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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details
3 judgments
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3 judgments
Citation
Judgment date
September 2019
A I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059 of 2018) [2019] ZAWCHC 114 (2 September 2019)
Applicants whose new asylum applications were refused are entitled to section 22 permits pending determination of their claims.
Refugee law – section 22 asylum seeker permits – entitlement where State refuses to accept/consider new (sur place) asylum applications; administrative law – failure to take a decision reviewable under PAJA; relationship between Refugees Act and Immigration Act – Refugees Act not displaced; interim relief/urgency.
 2 September 2019
May 2019
S v M (A343/2018) [2019] ZAWCHC 116 (14 May 2019)
DNA and medical injuries can sustain attempted‑rape conviction despite incomplete child testimony; court ordered social‑welfare remedial steps.
Criminal law – Sexual offences – Attempted rape of child by parent – medical evidence of fresh vaginal and anal injuries and DNA linking accused to complainant sufficient as circumstantial proof where complainant's testimony not completed. Criminal procedure – Accused's election to remain silent – failure to rebut prima facie case can justify inference of guilt when explanation lies solely within accused's power Sentencing – Aggravating features (victim's age, parent–child relationship, physical injury) justify severe punishment; eight‑year sentence not shockingly inappropriate. Children's rights / Victim support – Repeated postponements, lack of social‑welfare support and counselling constitute secondary victimisation; statutory/policy obligations under Children's Act and National Policy Framework require remedial action
 14 May 2019
S v Beale (A283/18) [2019] ZAWCHC 115 (3 May 2019)
Appellate court reduced a 15-year sentence for mass possession of child pornography to 10 years as disproportionate.
Films and Publications Act – possession of child pornography – volume and violent nature of images as aggravating features – counts taken together for sentence – appellate interference where sentencing disproportionate – weight of personal circumstances and expert psychiatric evidence in mitigation.
 3 May 2019