South Africa Case Law

S v Ndlovu (CCD30/2025)

S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CCD30/2025

Judge

Hlatshwayo AJ

The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant date…

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• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Criminal Capacity
• Intoxication

S v Mositoane (17/2025)

S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)

Court

Free State High Court, Bloemfontein

Case number

17/2025

Judge

Ntshulana AJ

The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct befo…

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• Murder
• Attempted Murder
• Premeditation
• Criminal Intent
• Burden Of Proof
• Criminal Law Amendment Act

C.V.D.M v S (Appeal) (A180/2023)

C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A180/2023

Judges

M Pangarker, V C Saldanha

The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…

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• Rape
• Attempted Murder
• Gender Based Violence
• Minimum Sentencing
• Remorse
• Victim Impact

S v Dyabana and Others (Sentence) (CC64A/2024)

S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

CC64A/2024

Judge

Cengani-Mbakaza

The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…

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• Sentencing Principles
• Minimum Sentences
• Robbery With Aggravating Circumstances
• Attempted Murder
• Firearms Control
• Culpable Homicide

S v Nkosi and Another (CC33/2024)

S v Nkosi and Another (CC33/2024) [2025] ZAMPMBHC 61 (30 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

CC33/2024

Judge

M Moleleki

High Court criminal judgment on robbery, murder and attempted murder. The court admitted a disputed statement, accepted eyewitness and cell-data evidence, and convicted both accused on the main counts.

• Robbery With Aggravating Circumstances
• Murder
• Attempted Murder
• Identification Parade
• Common Purpose
• Recent Possession

Mofihli Pickson Rapabi v The State (60/2024)

Mofihli Pickson Rapabi v The State (60/2024) [2025] ZAFSHC 197 (25 June 2025)

Court

Free State High Court, Bloemfontein

Case number

60/2024

Judge

Chesiwe

The High Court dismissed an application for leave to appeal against murder and attempted murder convictions and sentence, finding no reasonable prospect of success.

• Leave To Appeal
• Prospects Of Success
• Life Imprisonment
• Murder
• Attempted Murder
• Leave-to-appeal

S v Samson (10/2025)

S v Samson (10/2025) [2025] ZAECQBHC 19 (20 June 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

10/2025

Judge

Govindjee

The court found that the accused acted in self-defence when he shot the deceased, based on the medical evidence, the trajectory of the bullet, and the circumstances of the armed intrusion. The accused's version was reasonably possible and supported by the evidence, leading to acquittal on the murder charge. However, the accused's subsequent conduct, including kidnapping Blaauw, attempted murder by firing shots at him, and actions to defeat the ends of justice by disposing of the body and concealing evidence, were inconsistent with lawful conduct and not justified by self-defence. The court fo…

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• Self Defence
• Kidnapping
• Attempted Murder
• Defeating The Ends Of Justice
• Single Witness Credibility
• Criminal Procedure Act

Tshabalala v S (AR13/2024)

Tshabalala v S (AR13/2024) [2025] ZAKZPHC 60 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR13/2024

Judges

P C Bezuidenhout, Sibiya

The High Court dismissed an appeal against convictions and a 10-year sentence for attempted murder arising from a road-rage shooting.

• Common Purpose
• Attempted Murder
• Road Rage
• Minimum Sentencing
• Accomplice Liability
• Common-purpose

S v Majola and Others (CC D13/2024)

S v Majola and Others (CC D13/2024) [2025] ZAKZDHC 40 (20 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CC D13/2024

Judge

Mathenjwa

The court found that the State failed to prove beyond reasonable doubt that the accused were members of a criminal gang under POCA, as the evidence did not establish a pattern of gang activity or mutual benefit. However, the State proved beyond reasonable doubt that accused 1 committed three counts of robbery with aggravating circumstances, based on credible identification evidence and lack of contradiction. Accused 2 was found guilty of six counts of murder, four counts of attempted murder, three counts of robbery with aggravating circumstances, and unlawful possession of a prohibited firear…

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• Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping

S v B.C.W and Another (Sentence) (CC74/2021)

S v B.C.W and Another (Sentence) (CC74/2021) [2025] ZAWCHC 255 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

CC74/2021

Judge

Da Silva Salie

The court found that the offences committed by Mr. Davids were marked by exceptional brutality, targeting elderly and vulnerable victims in their home during prayer. The attack resulted in the death of Mr. D[...] and serious injury to Mrs. D[...], with lasting trauma to the surviving victims and their family. The accused acted in concert with others in a premeditated and coordinated manner, and his conduct during proceedings reflected a lack of respect for human life and dignity. The accused's personal circumstances, including alleged trauma and unsubstantiated claims of dependents, did not a…

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• Murder
• Attempted Murder
• Housebreaking With Intent To Commit Murder
• Robbery With Aggravating Circumstances
• Sentencing Principles