S v Selani (Sentence) (CC13/2023) [2024] ZAGPPHC 724 (29 July 2024)

S v Selani (Sentence) (CC13/2023) [2024] ZAGPPHC 724 (29 July 2024)

The court found that the murders were planned and executed in a barbaric and degrading manner, with total disregard for human life and dignity. The accused showed no remorse, maintained her innocence, and blamed others for the crimes. The court rejected the accused's claims of abuse and infection as unsubstantiated and not amounting to substantial and compelling circumstances. The accused's personal circumstances, including her medical condition and background, did not justify deviation from the prescribed minimum sentences. The court held that the gravity of the offences, the impact on the community, and the lack of mitigating factors warranted the imposition of life imprisonment for...

Citation
[2024] ZAGPPHC 724
Parties
Applicant: The State; Respondent: Pamela Ncumisa Selani
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 July 2024
Case Number
CC13/2023
Procedural Posture
Criminal Law / Sentencing
Outcome
The accused was sentenced to life imprisonment on each of three counts of murder and five years imprisonment for defeating the administration of justice. The sentences are to run consecutively.
Judges
Mosopa
Legal Topics
Murder, Minimum Sentencing, Defeating Administration of Justice, Substantial and Compelling Circumstances, Sentencing Principles, Gender Based Violence
Criminal Law Murder Minimum Sentencing Defeating Administration of Justice Substantial and Compelling Circumstances Sentencing Principles Gender Based Violence

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 6 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State

Applicant

Pamela Ncumisa Selani

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentence for murder under section 51(1) of Act 105 of 1997.
  2. 2 Whether the accused's personal circumstances and alleged abuse constitute mitigating factors.
  3. 3 Whether the accused is a suitable candidate for rehabilitation given the nature of the offences and lack of remorse.

Ratio Decidendi

The court found that the murders were planned and executed in a barbaric and degrading manner, with total disregard for human life and dignity. The accused showed no remorse, maintained her innocence, and blamed others for the crimes. The court rejected the accused's claims of abuse and infection as unsubstantiated and not amounting to substantial and compelling circumstances. The accused's personal circumstances, including her medical condition and background, did not justify deviation from the prescribed minimum sentences. The court held that the gravity of the offences, the impact on the community, and the lack of mitigating factors warranted the imposition of life imprisonment for...

Court Disposition

The accused was sentenced to life imprisonment on each of three counts of murder and five years imprisonment for defeating the administration of justice. The sentences are to run consecutively.

Orders

  • Count 1: Murder of Tshangisa – life imprisonment.
  • Count 2: Murder of Gift – life imprisonment.