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South Africa Case Law

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Criminal Law [2024] ZAGPJHC 976

S v Mokgola (SS31/2023)

S v Mokgola (SS31/2023) [2024] ZAGPJHC 976 (19 September 2024)

After conviction for murder and child abuse, the High Court imposed life imprisonment, five years’ imprisonment, and declared the accused unfit to possess a firearm.

  • Minimum Sentencing Regime
  • Murder
  • Child Abuse
  • Substantial And Compelling Circumstances
  • Remorse
  • Firearm Disqualification
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Criminal Law [2024] ZAGPJHC 430

S v Botha and Another (1/2023)

S v Botha and Another (1/2023) [2024] ZAGPJHC 430 (29 April 2024)

High Court sentence for rape, child abuse, attempted murder and murder against two accused, imposing 25 years and life imprisonment.

  • Rape
  • Sexual Offences And Related Matters Act
  • Child Abuse
  • Murder
  • Sentencing Principles
  • Minimum Sentences
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Family And Children [2023] ZAGPJHC 756

A.C v S.A.M (22507/2021)

A.C v S.A.M (22507/2021) [2023] ZAGPJHC 756 (27 June 2023)

The court held that the minor child’s best interests were served by remaining with the applicant and continuing at the KZN boarding school, with supervised contact for the respondent.

  • Primary Residency
  • Child Abuse
  • Best Interests Of Child
  • Parental Rights
  • Supervised Contact
  • Children S Act
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Criminal Law [2022] ZAGPPHC 637

National Director of Public Prosecution v L and Another (CC6/2021)

National Director of Public Prosecution v L and Another (CC6/2021) [2022] ZAGPPHC 637 (4 August 2022)

High Court sentencing judgment after convictions for child abuse, assault, and trafficking-related offences, with a minimum-sentence departure for one accused.

  • Trafficking In Persons
  • Child Abuse
  • Sentencing Principles
  • Minimum Sentences
  • Mitigating And Aggravating Factors
  • Sentencing-principles
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Criminal Law [2021] ZALMPPHC 43

Mbiza v S (A08/2020)

Mbiza v S (A08/2020) [2021] ZALMPPHC 43 (11 August 2021)

The High Court upheld an appeal against a conviction for common assault, finding a misdirection and holding the state had not proved the case beyond reasonable doubt.

  • Child Abuse
  • Assault Common
  • Statutory Offence Vs Common Law
  • Children's Act Interpretation
  • Burden Of Proof
  • Competent Verdicts
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Criminal Law [2021] ZAKZPHC 48

Khanyile v S (AR 108/20)

Khanyile v S (AR 108/20) [2021] ZAKZPHC 48 (6 August 2021)

The court found that the trial court correctly evaluated the evidence, including the complainant's credible and reliable testimony, which was corroborated by DNA evidence linking the appellant to the offence. The appellant's version was implausible and unsupported. The trial court exercised proper caution in assessing the evidence of a single child witness and gave due consideration to the appellant's personal circumstances, finding them outweighed by aggravating factors such as the prevalence of child sexual abuse, abuse of trust, premeditation, and lack of remorse. The prescribed minimum se…

  • Rape
  • Minimum Sentencing
  • Child Abuse
  • Credibility Of Single Witness
  • Dna Evidence
  • Sentencing Discretion
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Criminal Law [2017] ZAWCHC 156

S v Kleynhans (SS45/2016)

S v Kleynhans (SS45/2016) [2017] ZAWCHC 156 (7 December 2017)

The High Court sentenced Anthea Kleynhans to an effective 18 years' imprisonment for murder and child abuse of a three-year-old child.

  • Murder
  • Child Abuse
  • Sentencing Principles
  • Minimum Sentences
  • Mitigating Factors
  • Child Protection Register
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Criminal Law [2017] ZAWCHC 125

S v Kleynhans (SS45/2016)

S v Kleynhans (SS45/2016) [2017] ZAWCHC 125 (24 October 2017)

Sentencing judgment for murder and child abuse of a three-year-old child, imposing an effective 18-year prison term and child-related prohibitions.

  • Murder
  • Child Abuse
  • Sentencing Principles
  • Minimum Sentences
  • Dolus Eventualis
  • Children's Act Ineligibility
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Criminal Law [2013] ZASCA 193

Herman v S (948/12)

Herman v S (948/12) [2013] ZASCA 193 (29 November 2013)

The Supreme Court of Appeal found that the appellant's version of events was neither credible nor consistent and was contradicted by the medical evidence. The injuries sustained by the child, including a fractured elbow and a ruptured liver, could not have been caused by an accidental fall as alleged by the appellant. The evidence established that the appellant was the only person who could have inflicted the injuries at the relevant times. The court held that the State had proved its case beyond reasonable doubt and that the appellant's version was not reasonably possibly true. The appeal wa…

  • Culpable Homicide
  • Assault With Intent To Do Grievous Bodily Harm
  • Child Abuse
  • Credibility Of Witnesses
  • Onus Of Proof
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Criminal Law [2013] ZAFSHC 48

S v Lelala (64/2013)

S v Lelala (64/2013) [2013] ZAFSHC 48 (28 March 2013)

The High Court set aside a guilty plea conviction entered under repealed child-abuse legislation and allowed the State to recharge under the correct Act.

  • Child Abuse
  • Incorrect Charge Sheet
  • Criminal Procedure Act Section 304
  • Children S Act Application
  • Criminal-procedure-review
  • Wrong-charge-sheet
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.