South Africa Case Law

Mthombeni v S (A210/2023)

Mthombeni v S (A210/2023) [2025] ZAGPPHC 521 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A210/2023

Judges

SK Hassim, FS Nemutandani

The trial court misdirected itself by treating the appellant as a second offender for 'robbery with aggravating circumstances' when his previous conviction was for 'robbery' without aggravating circumstances. The wording of section 51(2)(a)(ii) of the Minimum Sentences Act requires that the previous conviction be of the same kind or degree, i.e., 'robbery with aggravating circumstances.' There was no evidence that the appellant's previous conviction involved aggravating circumstances or the taking of a motor vehicle. Therefore, the appellant should have been sentenced as a first offender, att…

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• Minimum Sentences Act
• Robbery With Aggravating Circumstances
• Sentencing Misdirection
• Previous Convictions
• Appeal Powers

Seopela v S (A261/2023)

Seopela v S (A261/2023) [2024] ZAGPPHC 447 (3 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A261/2023

Judges

Basson, Millar, Cox

The High Court dismissed the conviction appeal in a mob-justice murder and attempted-murder matter, but reduced the attempted-murder sentence to 10 years.

• Identification Evidence
• Minimum Sentencing
• Common Purpose
• Appeal Powers
• Mob Justice
• Attempted Murder

Ranyani v S (A156/2022)

Ranyani v S (A156/2022) [2023] ZAGPPHC 2011 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

A156/2022

Judges

Tshombe, Van der Westhuizen

The High Court dismissed a rape appeal, upheld the conviction, and confirmed a life sentence under the minimum-sentences regime.

• Rape
• Minimum Sentences Legislation
• Credibility Of Witnesses
• Appeal Powers
• Substantial And Compelling Circumstances
• Minimum-sentences

Tshiu and Another v S (27 October 2023) (A77/2023)

Tshiu and Another v S (27 October 2023) (A77/2023) [2023] ZAFSHC 405 (27 October 2023)

Court

Free State High Court, Bloemfontein

Case number

A77/2023

Judges

Opperman, Zietsman

Appeal against murder convictions and life sentences dismissed after the court found reliable identification evidence and no basis to interfere with sentence.

• Murder
• Common Purpose
• Minimum Sentences
• Identification Evidence
• Appeal Powers
• Sentencing Discretion

Msutu v S - Appeal (CA&R24/2022)

Msutu v S - Appeal (CA&R24/2022) [2023] ZAECMKHC 101 (14 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R24/2022

Judges

N.R Mtshabe, V. Noncembu

The High Court dismissed an appeal against rape conviction and 10-year sentence, finding the complainant and Siya credible and the minimum sentence justified.

• Rape
• Minimum Sentencing
• Credibility Of Witnesses
• Appeal Powers
• Substantial And Compelling Circumstances
• Criminal-appeal

Mxathuli v S (A236/2022)

Mxathuli v S (A236/2022) [2023] ZAGPPHC 725 (24 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A236/2022

Judges

Johnson, Phahlane

The appeal was upheld because the trial court failed to properly evaluate the evidence, particularly regarding the identification of the accused and the credibility of witnesses. Contradictions in witness testimony and the lack of corroboration regarding the number and location of stab wounds undermined the reliability of the State's case. The trial court applied the incorrect test by expecting the appellant to prove his innocence rather than considering whether his version was reasonably possibly true. The State conceded that the conviction and sentence could not be sustained. The appellate…

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• Identification Evidence
• Standard Of Proof
• Misdirection
• Section 174 Discharge
• Appeal Powers
• Credibility Assessment

Cierenberg v S (A6/2021)

Cierenberg v S (A6/2021) [2022] ZAGPPHC 6 (13 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

A6/2021

Judges

M.T. Jordaan, Munzhelele

Appeal against conviction and sentence for attempted murder dismissed. The High Court held that the trial court properly evaluated the evidence and sentence.

• Attempted Murder
• Single Witness Rule
• Credibility Of Witnesses
• Sentencing Principles
• Appeal Powers
• Victim Impact Report

Dube v S (A460/2016)

Dube v S (A460/2016) [2021] ZAGPPHC 154 (9 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

A460/2016

Judges

Maumela, J T Leso

The court found that the state proved the appellant's identity and guilt beyond reasonable doubt, relying on eyewitness testimony, immediate arrest, and recovery of stolen goods matching those taken during the robbery. The appellant's explanations were found improbable when considered against the totality of the evidence. The trial court's findings were not vitiated by misdirection, and the appellate court found no basis to interfere with the conviction. Regarding sentence, the court held that the offences were serious, involved aggravating circumstances, and the appellant had relevant previo…

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• Robbery With Aggravating Circumstances
• Firearms Control Act
• Identity Of Accused
• Minimum Sentence Legislation
• Appeal Powers
• Sentencing Principles

Nonkombana v The State (CA231/2017)

Nonkombana v The State (CA231/2017) [2018] ZAECGHC 98 (9 October 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

CA231/2017

Judges

Plasket, Lowe, Brooks

The High Court dismissed a rape appeal, upholding findings that the complainant did not consent and that life sentences were justified under minimum-sentence law.

• Rape
• Consent
• Single Witness Cautionary Rule
• Minimum Sentencing
• Appeal Powers
• Gang Rape

Maswanganye v S (A696/15)

Maswanganye v S (A696/15) [2017] ZAGPPHC 840 (17 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A696/15

Judges

Tuchten, N Janse van Nieuwenhuizen

The court found that the complainants' identification of the appellant was reliable, supported by the circumstances of the crimes and corroborating evidence. The hospital records did not exclude the appellant's involvement, as he was capable of movement at the relevant times. The appellant's version was found to be implausible and contradicted by the evidence. The trial court's evaluation of the evidence was not flawed or tainted by misdirection. The totality of the evidence overwhelmingly established the appellant's guilt beyond reasonable doubt, and there was no reasonable possibility that…

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• Identification Evidence
• Alibi
• Appeal Powers
• Credibility Of Witnesses
• Robbery
• Unlawful Possession Of Firearm