South Africa Case Law

Ntuli v S (128/2023)

Ntuli v S (128/2023) [2025] ZASCA 114 (30 July 2025)

Court

Supreme Court of Appeal

Case number

128/2023

Judges

Matojane, Unterhalter, Koen, Coppin, Dawood

The Supreme Court of Appeal held that the State did not indicate in the charge sheet, nor at any stage of the proceedings, that it intended to rely on the doctrine of common purpose in respect of the attempted murder counts. The evidence presented was contradictory regarding the appellant's direct participation, and the State's case was prosecuted on the basis of individual culpability. The full court erred in confirming the convictions by applying common purpose, as the appellant was not forewarned and could not properly defend himself against that basis for conviction. This amounted to a vi…

Source excerpt

• Common Purpose
• Fair Trial Rights
• Charge Sheet Requirements
• Minimum Sentences Act
• Bill Of Rights Limitation

Witbooi v S (CA29/2022)

Witbooi v S (CA29/2022) [2023] ZANWHC 67 (30 May 2023)

Court

North West High Court, Mafikeng

Case number

CA29/2022

Judges

Samkelo Gura, FMM Reid

The Regional Court imposed a sentence of life imprisonment without the charge sheet referencing section 51(1) of the Minimum Sentences Act and without warning the unrepresented appellant of the potential consequences. This omission constituted a gross irregularity, as the appellant was not afforded sufficient notice to prepare his defence or understand the seriousness of the charge. The appellate court found that the sentence must be set aside and replaced with the longest sentence the Regional Court could lawfully impose, considering the appellant's violent criminal history and the circumsta…

Source excerpt

• Minimum Sentences Act
• Rape
• Charge Sheet Requirements
• Fair Trial Rights
• Sentencing Irregularity

African Paper Products (Pty) Ltd and Another v Director of Public Prosecutions: Eastern Cape and Another (Leave to Appeal) (250/2020)

African Paper Products (Pty) Ltd and Another v Director of Public Prosecutions: Eastern Cape and Another (Leave to Appeal) (250/2020) [2023] ZAECMKHC 29 (9 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

250/2020

Judges

Lowe, Bands

The High Court refused leave to appeal, finding no reasonable prospects of success and holding that the applicants had not shown a reviewable irregularity.

• Leave To Appeal
• Reasonable Prospects Of Success
• Gross Irregularity
• Review Vs Appeal
• Charge Sheet Requirements
• Leave-to-appeal

Mokgele v S (A205/2018)

Mokgele v S (A205/2018) [2018] ZAFSHC 207 (22 November 2018)

Court

Free State High Court, Bloemfontein

Case number

A205/2018

Judges

P.E. Molitsoane, A.F. Jordaan

The Free State High Court dismissed an appeal against a 20-year sentence for housebreaking with intent to rape and rape, finding no unfairness from the charge-sheet omission.

• Minimum Sentencing
• Fair Trial Rights
• Charge Sheet Requirements
• Rape
• Substantial And Compelling Circumstances
• Minimum-sentencing

M T v S; A S B v S; September v S (CCT122/17; CCT220/17; CCT298/17)

M T v S; A S B v S; September v S (CCT122/17; CCT220/17; CCT298/17) [2018] ZACC 27; 2018 (2) SACR 592 (CC); 2018 (11) BCLR 1397 (CC) (3 September 2018)

Court

Constitutional Court

Case number

CCT122/17; CCT220/17; CCT298/17

Judges

Mogoeng, Cachalia, Dlodlo, Froneman, Goliath, Jafta, Khampepe, Madlanga, Petse, Theron

The Constitutional Court refused leave to appeal in three minimum-sentences cases, holding that omission from a charge sheet does not automatically make a trial unfair.

• Minimum Sentences
• Fair Trial Rights
• Charge Sheet Requirements
• Condonation
• Leave To Appeal
• Jurisdiction Of Courts

Mandlazi v S (A765/2016)

Mandlazi v S (A765/2016) [2018] ZAGPPHC 395 (22 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

A765/2016

Judges

Tuchten, S Mokose

The High Court dismissed Lucky Mandlazi’s appeal against conviction and sentence for rape and housebreaking, finding the trial fair and the minimum sentence properly applied.

• Rape
• Minimum Sentencing
• Vulnerable Victim
• Grievous Bodily Harm
• Charge Sheet Requirements
• Minimum-sentencing

Msimango v S (698/2017)

Msimango v S (698/2017) [2017] ZASCA 181; 2018 (1) SACR 276 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

698/2017

Judges

Cachalia, Bosielo, Tsoka, Ploos van Amstel, Rogers

The appeal court set aside the attempted-murder conviction based on common purpose, reduced the robbery sentence to 13 years, and dismissed the robbery conviction appeal.

• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Common Purpose
• Fair Trial Rights
• Charge Sheet Requirements
• Common-purpose

Khauli and Another v S (A1010/2008)

Khauli and Another v S (A1010/2008) [2017] ZAGPPHC 371 (27 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

A1010/2008

Judges

M F Legodi, C P Rabie, H Fabricus

The High Court upheld a sentence appeal, finding the appellants had not been warned of the minimum-sentence regime and substituting lesser concurrent sentences.

• Minimum Sentencing
• Fair Trial Rights
• Charge Sheet Requirements
• Compelling And Substantial Circumstances
• Minimum-sentencing
• Fair-trial-rights

Van Ieperen v S (A194/2016)

Van Ieperen v S (A194/2016) [2016] ZAWCHC 109; 2017 (1) SACR 226 (WCC) (26 August 2016)

Court

Western Cape High Court, Cape Town

Case number

A194/2016

Judges

R Allie, AG Binns-Ward

The High Court upheld an appeal against a crimen injuria conviction, setting aside the conviction and sentence because section 270 of the CPA could not be used.

• Competent Verdicts
• Crimen Injuria
• Sexual Offences
• Charge Sheet Requirements
• Fair Trial Rights
• Crimen-injuria

Moraka v S (CA30/15)

Moraka v S (CA30/15) [2015] ZANWHC 67 (15 October 2015)

Court

North West High Court, Mafikeng

Case number

CA 30/15

Judges

Landman, Chwaro

The High Court dismissed an appeal against rape conviction and life sentence, finding no unfairness in the charge sheet and no substantial and compelling circumstances.

• Minimum Sentence Legislation
• Rape
• Substantial And Compelling Circumstances
• Charge Sheet Requirements
• Minimum-sentences
• Criminal-appeal