South Africa Case Law

B.B v S (Appeal) (A95/2025)

B.B v S (Appeal) (A95/2025) [2025] ZAWCHC 270 (25 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A95/2025

Judges

Pangarker, Sher

The appeal court found that the Regional Magistrate had properly considered all relevant factors, including the appellant's personal circumstances, previous conviction, the interests of the community, and the prevalence of gender-based violence. The court held that the brutality and sustained nature of the assault, the lack of genuine remorse, and the seriousness of the offence outweighed any mitigating factors. No substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 20 years' direct imprisonment for a second offender convicted of murder. The…

Source excerpt

• Minimum Sentencing
• Intimate Femicide
• Remorse
• Gender Based Violence
• Appeal Against Sentence
• Culpable Homicide Vs Murder

Skhosana v S (Appeal) (A347/2023)

Skhosana v S (Appeal) (A347/2023) [2025] ZAGPPHC 635 (10 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A347/2023

Judges

P D Kekana, S Mfenyana

The High Court dismissed most of the appellant’s criminal appeal, upheld the setting aside of sexual assault convictions for duplication, and confirmed life sentences for rape.

• Rape
• Sexual Assault
• Minimum Sentences
• Duplication Of Convictions
• Credibility Of Witnesses
• Appeal Against Sentence

Batsietseng v S (Appeal) (CA13/2020)

Batsietseng v S (Appeal) (CA13/2020) [2025] ZANWHC 94 (2 June 2025)

Court

North West High Court, Mafikeng

Case number

CA 13/2020

Judges

J T Djaje, W Malane

The High Court dismissed an appeal against sentence for murder and rape, holding that life imprisonment for rape was justified and no substantial and compelling circumstances were shown.

• Murder
• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Appeal Against Sentence
• Criminal-law

Sedi v S (Appeal) (A211/2024)

Sedi v S (Appeal) (A211/2024) [2025] ZAFSHC 148 (29 May 2025)

Court

Free State High Court, Bloemfontein

Case number

A211/2024

Judges

Van Zyl, Deane

High Court dismissed an appeal against rape convictions and sentences, finding the complainants credible, contradictions immaterial, and no basis to disturb the minimum sentence.

• Rape
• Minimum Sentencing
• Single Witness Testimony
• Credibility Of Witnesses
• Appeal Against Sentence
• Substantial And Compelling Circumstances

Makhaola v S (A186/2024)

Makhaola v S (A186/2024) [2025] ZAFSHC 146 (23 May 2025)

Court

Free State High Court, Bloemfontein

Case number

A186/2024

Judges

Van Zyl, Deane

The appeal against conviction and life sentence for rape was dismissed. The High Court found the complainant credible, the appellant's version improbable, and no basis to interfere.

• Rape
• Minimum Sentence Legislation
• Credibility Of Witnesses
• Appeal Against Sentence
• Substantial And Compelling Circumstances
• Criminal-appeal

Mbayeka v S (CA&R 11/2022)

Mbayeka v S (CA&R 11/2022) [2025] ZANCHC 41 (16 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 11/2022

Judges

Williams, Nxumalo

Appeal in a rape matter dismissed on conviction but allowed on sentence, with life imprisonment replaced by 20 years and antedated.

• Rape
• Single Witness Cautionary Rule
• Sentencing Discretion
• Substantial And Compelling Circumstances
• Credibility Assessment
• Appeal Against Sentence

Ngeleka v S (AR53/2024)

Ngeleka v S (AR53/2024) [2025] ZAKZPHC 49 (9 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR53/2024

Judges

P C Bezuidenhout, Sibisi

The court found that the appellant's personal circumstances, such as employment, support of dependents, and being a first offender, are neutral factors and do not amount to substantial and compelling circumstances. The seriousness of the offence, the manner in which the murder was committed, and the lack of any convincing reasons to deviate from the prescribed minimum sentence led the court to uphold the sentence imposed by the magistrate. The court confirmed that there was no misdirection or error in the sentencing process and dismissed the appeal.

Source excerpt

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Murder
• Appeal Against Sentence

Moreo v S (CA22/2021)

Moreo v S (CA22/2021) [2024] ZANWHC 265 (24 October 2024)

Court

North West High Court, Mafikeng

Case number

CA22/2021

Judges

R D Hendricks, K D Ramolefe

The High Court dismissed an appeal against a 10-year rape sentence, holding that the appellant’s age and first-offender status did not justify departure from the minimum sentence.

• Rape
• Minimum Sentencing
• Mitigating Factors
• Appeal Against Sentence
• Compelling Circumstances
• Minimum-sentencing

Sbenge v S (A315/2023)

Sbenge v S (A315/2023) [2024] ZAGPPHC 1077 (21 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A315/2023

Judges

Bokako, Mosopa

The court found that the trial court exercised its sentencing discretion properly and judicially, considering both aggravating and mitigating factors. The aggravating circumstances, including the use of a firearm and knife, the firing of gunshots, and the absence of remorse, outweighed the mitigating factors such as the appellant's age, personal circumstances, and time spent in custody awaiting trial. The court held that no substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 15 years' imprisonment for robbery with aggravating circumstances.…

Source excerpt

• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Appeal Against Sentence
• Sentencing Discretion
• Mitigating And Aggravating Factors

Mzikhona v S (Appeal) (A425/2016)

Mzikhona v S (Appeal) (A425/2016) [2024] ZAGPPHC 1118 (21 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A425/2016

Judges

Francis-Subbiah, N. A. Engelbrecht

The court found that the prescribed minimum sentence of life imprisonment for rape of a minor is applicable unless substantial and compelling circumstances exist. The appellant's personal circumstances, including his age, education, employment history, and time spent as an awaiting trial prisoner, do not constitute such circumstances. The lack of serious physical injury to the child is irrelevant, as the law specifically excludes this as a mitigating factor. The sentencing court correctly considered all relevant factors, including the seriousness of the offence, the impact on the victim, and…

Source excerpt

• Rape Of Minor
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Appeal Against Sentence