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South Africa decisions
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Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)
The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)
The High Court granted condonation but dismissed a sentence appeal, confirming a 25-year murder sentence after finding no material misdirection.
Mokone v S (A35/2017) [2025] ZAGPJHC 622 (20 June 2025)
The High Court upheld the appeal on the second Omar robbery counts, finding identification evidence unreliable, but dismissed the appeal on the Viviers robbery and sentence.
Mahlakanya v S (A69/2024) [2025] ZAGPPHC 573 (4 June 2025)
The court held that the trial court did not misdirect itself in imposing the prescribed minimum sentence of life imprisonment for the rape of a minor. The appellant's personal circumstances, whether considered individually or cumulatively, did not amount to substantial and compelling circumstances warranting deviation from the statutory minimum. The appellant's previous convictions indicated a propensity for criminal conduct, and no evidence was presented to support the possibility of rehabilitation. The prescribed sentence is not, in itself, a ground for mitigation. Accordingly, there was no…
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Masipa v S (Appeal) (A208/2023) [2025] ZAGPPHC 602 (4 June 2025)
The High Court upheld the appeal, set aside the murder conviction and sentence, and held that common purpose and dolus eventualis were not proved.
Mhlambi v S (A252/2022) [2025] ZAGPPHC 580 (3 June 2025)
The High Court dismissed a criminal appeal against convictions for indecent assault and rape, holding that the trial court properly assessed the evidence and applied the correct cautionary rules.
Bheme v Road Accident Fund (5089/2023) [2025] ZAMPMBHC 43 (29 May 2025)
The High Court upheld an appeal on loss of earnings and increased the damages award to R3,070,401.75, applying contingencies to uncontested expert evidence.
C.W v S (Appeal) (A301/2024) [2025] ZAWCHC 198 (13 May 2025)
Appeal dismissed in a rape case involving a seven-year-old step-granddaughter. The High Court upheld the conviction and life sentence, finding no misdirection.
Director General Department of Forestry Fisheries and Environment and Another v Sheriff Pretoria North-East and Others (JA 44/2024) [2025] ZALAC 29; (2025) 46 ILJ 1887 (LAC) (12 May 2025)
The Labour Appeal Court held that section 66 of the Public Finance Management Act does not apply to the furnishing of security for an arbitration award under section 145(7) of the Labour Relations Act, as such security relates to an existing obligation and not a future financial commitment. The security bond signed by the Director-General is sufficient security as contemplated by section 145(7) of the LRA. The Labour Court erred in refusing to accept the bond on the basis of lack of ministerial authorisation. Preliminary points raised by the respondent on appeal were not entertained, as they…
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J.R. v S (A23/2025) [2025] ZAGPJHC 434 (2 May 2025)
The court found that the magistrate erred by treating the bail application as a criminal trial, failing to focus on the true purpose of bail, which is to secure the accused's attendance at trial and prevent interference with justice. The record, though incomplete, contained sufficient material for a proper assessment. The appellant had complied with the protection order since 2020, had no history of violating it, and demonstrated no intention to evade trial or threaten the complainant. The urgency of bail and the appellant's financial circumstances were relevant. The magistrate failed to adeq…
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