South Africa Case Law

M.B. v S (A94/2024)

M.B. v S (A94/2024) [2025] ZAGPJHC 707 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A94/2024

Judges

Mdalana-Mayisela, Moosa

The court found that the complainant was a credible and competent witness whose evidence was corroborated by medical reports and other witnesses. The appellant's version was inconsistent and not reasonably possibly true. The State proved all elements of the offences beyond reasonable doubt. The lower court correctly applied the cautionary rule and found no substantial and compelling circumstances to deviate from the prescribed minimum sentences. The appellant's personal circumstances were considered flimsy and did not warrant a lesser sentence. The effective sentence of life imprisonment was…

Source excerpt

• Sexual Offences And Related Matters Act
• Minimum Sentencing
• Credibility Of Witnesses
• Single Witness Rule
• Assault Gbh
• Kidnapping

Muregu v S (Appeal) (HCA 02/2024)

Muregu v S (Appeal) (HCA 02/2024) [2025] ZALMPTHC 2 (21 January 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 02/2024

Judges

Matumba, MV Semenya, TC Tshidada

The High Court dismissed a criminal appeal against convictions for rape, robbery, assault and kidnapping, and upheld the sentences imposed.

• Rape
• Robbery With Aggravating Circumstances
• Assault Gbh
• Kidnapping
• Identification Parade
• Minimum Sentencing

S v Ratel (K/S 17A/2023)

S v Ratel (K/S 17A/2023) [2024] ZANCHC 119 (29 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

K/S 17A/2023

Judge

MC Mamosebo

The High Court dismissed an application for leave to appeal against a life sentence for murder and assault GBH, finding no reasonable prospects of success.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Murder
• Assault Gbh
• Leave To Appeal
• Leave-to-appeal

Dlamini and Others v Minister of Police (50725/2021)

Dlamini and Others v Minister of Police (50725/2021) [2024] ZAGPJHC 953 (26 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

50725/2021

Judge

Nharmuravate

The High Court held that the Minister proved the lawfulness of the plaintiffs’ arrest and overnight detention for assault GBH, kidnapping and intimidation.

• Unlawful Arrest
• Detention
• Assault Gbh
• Onus Of Proof
• Schedule 1 Offences
• Unlawful-arrest

S v Ratel (K/S 17A/2023)

S v Ratel (K/S 17A/2023) [2024] ZANCHC 75 (21 June 2024)

Court

Northern Cape High Court, Kimberley

Case number

K/S 17A/2023

Judge

Mamosebo

The court found that the accused's alibi was vague, unsubstantiated, and disclosed late, and was contradicted by credible witness testimony and forensic evidence. The extra-curial statements made by Daisy Plaatjies and Gladys Ratel to the investigating officer were admitted as hearsay under s 3(1)(c) of the Law of Evidence Amendment Act, as they were made voluntarily, in a language understood by the declarants, and were pivotal to the State's case. The cumulative effect of the evidence, including the accused's conduct, utterances, and the frequency of calls between his mother and sister, esta…

Source excerpt

• Murder
• Assault Gbh
• Hearsay Evidence
• Law Of Evidence Amendment Act
• Alibi Defence
• Hostile Witnesses

Diale v Minister of Police and Another (382/2019)

Diale v Minister of Police and Another (382/2019) [2023] ZANWHC 65 (29 May 2023)

Court

North West High Court, Mafikeng

Case number

382/2019

Judge

K Mongale

High Court claim for unlawful arrest and detention dismissed. The court found reasonable suspicion for arrest and held that later detention was caused by court and prosecutorial decisions.

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Assault Gbh
• Mental Health In Criminal Process
• Liability For Post Appearance Detention

Well v S (A158/19; 2RC76/17)

Well v S (A158/19; 2RC76/17) [2022] ZAGPJHC 169 (23 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A158/19; 2RC76/17

Judges

Dippenaar, Mahomed

The High Court dismissed an appeal against a 15-year minimum sentence for robbery with aggravating circumstances and assault with intent to cause grievous bodily harm.

• Minimum Sentences
• Aggravating Circumstances
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Robbery With Aggravating Circumstances
• Assault Gbh

Cornelissen v S (A110/2021)

Cornelissen v S (A110/2021) [2022] ZAFSHC 24 (10 February 2022)

Court

Free State High Court, Bloemfontein

Case number

A110/2021

Judges

Daniso, Litheko

Appeal against convictions for rape, kidnapping and assault GBH dismissed. The High Court upheld life imprisonment for rape and confirmed separate sentences for the other counts.

• Rape
• Kidnapping
• Assault Gbh
• Minimum Sentencing
• Credibility Of Witnesses
• Appeal Procedure

Dladla and Another v S (A907/2015)

Dladla and Another v S (A907/2015) [2019] ZAGPPHC 1063 (2 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

A907/2015

Judges

Nkosi, Neukircher

Criminal appeal on sentence and conviction. The High Court reduced one firearm sentence for the first appellant, but upheld the other sentences and dismissed the co-appellant’s appeal.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Unlawful Possession Of Firearm
• Assault Gbh
• Sentencing Discretion
• Criminal-law

Radebe and Others v S (A227/2012)

Radebe and Others v S (A227/2012) [2018] ZAFSHC 64; 2019 (1) SACR 565 (FB) (24 May 2018)

Court

Free State High Court, Bloemfontein

Case number

A227/2012

Judges

Lekale, Reinders, Zietsman

The appeal succeeded on count 4 and on sentence. The court set aside assault GBH convictions, rejected common-purpose liability on those facts, and reduced the effective terms.

• Competent Verdicts
• Common Purpose
• Sentencing Principles
• Youthfulness In Sentencing
• Assault Gbh
• Housebreaking With Intent To Murder