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Regional Court of South Africa, Western Cape Regional Division - 2025

7 judgments
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7 judgments
Citation
Judgment date
August 2025
S v Mvinjelwa (RCD 28/2020) [2025] ZAWCRD 6 (15 August 2025)
A conviction for attempted murder and firearms offences upheld on circumstantial evidence and application of common purpose doctrine.
Criminal law – Circumstantial evidence – Proof of guilt beyond reasonable doubt – Firearms offences – Attempted murder – Application of common purpose – Chain of custody – Burden of proof – Evaluation of accused’s version and credibility.
 15 August 2025
S v Mkabile (RCA 25/2023) [2025] ZAWCRD 7 (14 August 2025)
Accused discharged under section 174 after unreasonable prosecutorial delay and failure to secure state witnesses.
* Criminal procedure – unreasonable delay – section 35(3)(d) right to trial without unreasonable delay – section 342A enquiry; State’s duty to confirm witness availability and issue subpoenas. * Institutional shortcomings (faulty/stolen CCTV, resource constraints) do not constitute exceptional circumstances unless unforeseeable and unremediable. * Court may invoke section 174 mero motu and discharge accused where no evidence and prosecution cannot proceed.
 14 August 2025
July 2025
S v Modise and Another (RCA 81/2023) [2025] ZAWCRD 5 (30 July 2025) (Sentence)
Alcohol intoxication and pre-trial detention were considered in sentencing for rape and kidnapping.
Criminal Law – Sentencing – Influence of alcohol as a mitigating factor – Justification for deviating from prescribed penalties in severe offenses such as kidnapping and rape.
 30 July 2025
S v Mvinjelwa (RCD28/2020) [2025] ZAWCRD 4 (1 July 2025)
Application for discharge under Section 174 refused; State presented sufficient circumstantial evidence for trial continuation.
Criminal Procedure - Section 174 application - Prima facie evidence abuse - Duty of state to establish case to meet - Role of circumstantial evidence.
 1 July 2025
June 2025
S v Gadini (RCA 36/2021) [2025] ZAWCRD 3 (18 June 2025)
Court started at life imprisonment for rape of a mentally disabled victim but found substantial and compelling circumstances to impose 20 years.
Criminal law — Sexual offences — Rape of mentally disabled person — Section 51(1) Criminal Law Amendment Act: life imprisonment as starting point — Substantial and compelling circumstances and proportionality permitting departure — Sentencing considerations: vulnerability, abuse of trust, harm (pregnancy/abortion), moral blameworthiness — Ancillary orders: sex-offender registration, publication ban, psychological support, firearms measures, employment prohibition.
 18 June 2025
May 2025
S v Modise and Another (RCA 81/2023) [2025] ZAWCRD 2 (16 May 2025)
Court convicted both accused of kidnapping and rape; second accused additionally convicted of assault.
Criminal law – Kidnapping; Sexual offences (rape) – section 3 read with s.51(1) Criminal Law Amendment Act – common purpose/active association; Credibility assessment – alcohol, trauma, police statements and peripheral inconsistencies; Bare denial defence – when rejection is permissible; Assault versus assault with intent to cause grievous bodily harm.
 16 May 2025
S v Gadini (RCA 36/2021) [2025] ZAWCRD 1 (15 May 2025)
Complainant's intellectual disability renders her incapable of consenting to sexual intercourse, affirming conviction.
Criminal law - Sexual offences - Consent - Intellectual disability restricts capacity to consent - Knowledge of inability to consent.
 15 May 2025