South Africa Case Law

Zixelele and Another v S (A01/2024)

Zixelele and Another v S (A01/2024) [2024] ZAWCHC 312 (15 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A01/2024

Judges

S Mthimunye, MI Samela

The court found that the regional magistrate had properly informed the appellants of the applicability of the Criminal Law Amendment Act and had afforded their legal representatives an opportunity to address the possibility of increasing the prescribed minimum sentences. The evidence relating to mitigation and aggravation of sentence was available and considered. The offences were extremely serious, involving violence, the use of weapons, and significant trauma to the complainants. The court held that the seriousness of the crimes outweighed the appellants' personal circumstances, which shoul…

Source excerpt

• Minimum Sentences
• Aggravating Circumstances
• Mitigation Of Sentence
• Concurrent Sentences
• Firearms Control
• Appeal Test

Hlongwane v S (A377/2017)

Hlongwane v S (A377/2017) [2021] ZAGPPHC 800 (30 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

A377/2017

Judges

Janse Van Nieuwenhuizen, A. Granova

The High Court dismissed an appeal against convictions for housebreaking and rape, finding the appellant’s version improbable and the trial court’s credibility findings sound.

• Rape
• Housebreaking
• Credibility Of Witnesses
• Reasonable Doubt
• Appeal Test
• Contradictory Evidence