S v Khasibe (CCD18/2022) [2022] ZAKZPHC 43 (30 August 2022)

S v Khasibe (CCD18/2022) [2022] ZAKZPHC 43 (30 August 2022)

The court found that the accused committed a premeditated and brutal murder of his intimate partner in the presence of her children and mother, demonstrating a clear propensity for violence against women. The accused had a prior conviction for murder of his wife and was released on parole, yet re-offended in a similar manner. The court considered the accused's personal circumstances but held that they did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The court emphasized the seriousness of gender-based violence and femicide in South Africa, the devastating impact on victims and society, and the need for deterrent...

Citation
[2022] ZAKZPHC 43
Parties
Applicant: The State; Defendant: Bongani Mbongeni Christopher Khasibe
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
30 August 2022
Case Number
CCD18/2022
Procedural Posture
Criminal Law / Sentencing
Outcome
The accused is sentenced to life imprisonment for murder. No substantial and compelling circumstances were found to justify deviation from the prescribed minimum sentence.
Judges
Bezuidenhout
Legal Topics
Murder, Minimum Sentencing, Gender Based Violence, Femicide, Parole Eligibility
Criminal Law Murder Minimum Sentencing Gender Based Violence Femicide Parole Eligibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Bongani Mbongeni Christopher Khasibe

Defendant

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentence of life imprisonment for murder under section 51(1) of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether the accused's personal circumstances warrant a lesser sentence.
  3. 3 The impact of gender-based violence and femicide on sentencing.

Ratio Decidendi

The court found that the accused committed a premeditated and brutal murder of his intimate partner in the presence of her children and mother, demonstrating a clear propensity for violence against women. The accused had a prior conviction for murder of his wife and was released on parole, yet re-offended in a similar manner. The court considered the accused's personal circumstances but held that they did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The court emphasized the seriousness of gender-based violence and femicide in South Africa, the devastating impact on victims and society, and the need for deterrent...

Court Disposition

The accused is sentenced to life imprisonment for murder. No substantial and compelling circumstances were found to justify deviation from the prescribed minimum sentence.

Orders

  • The accused is sentenced to life imprisonment.
  • A copy of this judgment must be provided to the Department of Correctional Services for inclusion in the accused's prisoner file and consideration by the Parole Board upon parole eligibility in 25 years.