South Africa Case Law

Molao v S (A44/2024)

Molao v S (A44/2024) [2025] ZAGPPHC 647 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A44/2024

Judges

W Domingo, L.A. Retief

The appeal succeeded because the conviction for attempted murder was not sustainable on the facts and law. The weapon used by the appellant was a blank pistol, which is excluded from the definition of 'firearm' under the Firearms Control Act. The charge sheet and evidence did not support a finding that the appellant attempted to kill Sergeant Mashala by 'pointing a firearm and pulling the trigger,' as the appellant was acquitted on the charges of possession and pointing of a firearm. The essential elements of attempted murder, particularly intention, were not proved beyond reasonable doubt. T…

Source excerpt

• Attempted Murder
• Firearms Control Act
• Blank Pistol Exclusion
• Intention
• Conviction And Sentence
• Appeal Upheld

Mahlangu and Others v S (A940/12)

Mahlangu and Others v S (A940/12) [2018] ZAGPPHC 157 (4 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

A940/12

Judges

N M Mavundla, L M Molopa-Sethosa, Ranchod

The High Court amended an earlier appeal order to clarify that the convictions and sentences for murder and robbery were set aside.

• Murder
• Robbery
• Appeal Upheld
• Setting Aside Conviction
• Setting Aside Sentence
• Criminal-law

Mawele v S (A99/2014)

Mawele v S (A99/2014) [2017] ZAGPPHC 442 (2 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A99/2014

Judges

S B Mngadi, TA Maumela

The High Court upheld an appeal against a robbery conviction, finding the single-witness identification evidence insufficient and the trial court’s caution lacking.

• Identification Evidence
• Single Witness
• Robbery With Aggravating Circumstances
• Cautionary Rule
• Appeal Upheld
• Criminal-law

Mahlangu v S (CA12/2016)

Mahlangu v S (CA12/2016) [2017] ZANWHC 20 (11 May 2017)

Court

North West High Court, Mafikeng

Case number

CA 12/2016

Judges

R D Hendricks, Samkelo Gura

The High Court upheld an appeal against sentence after finding a gross misdirection in the Regional Court’s sentencing of the appellant.

• Assault With Intent To Do Grievous Bodily Harm
• Robbery
• Sentencing Misdirection
• Appeal Upheld
• Criminal-law
• Sentencing

Chauke v S (A824/13)

Chauke v S (A824/13) [2014] ZAGPPHC 74 (28 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

A824/13

Judges

DM Thulare, TJ Raulinga

The High Court upheld an appeal against a life sentence for rape, finding the sentence insufficiently individualized and substituting 20 years’ imprisonment.

• Rape
• Sentencing Principles
• Individualization Of Sentence
• Rehabilitation
• Life Imprisonment
• Appeal Upheld