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South Africa decisions
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A.Z v S (Appeal) (A41/2025) [2025] ZAWCHC 340 (11 August 2025)
The High Court dismissed an appeal against life imprisonment for the murder of the appellant’s young cousin, holding there were no substantial and compelling circumstances.
M.F v S (A176/2024) [2025] ZAFSHC 134 (19 May 2025)
The sentencing court committed a material misdirection by proceeding without a pre-sentence report, contrary to statutory requirements and constitutional principles protecting minors. The court failed to properly individualize the sentence and consider the best interests of the child, as well as the appellant's prospects for rehabilitation. The imposed sentence of 10 years' imprisonment was harsh, inappropriate, and induced a sense of shock. The appellate court intervened, setting aside the sentence and substituting it with two years' imprisonment, antedated to the original sentencing date.
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Samuels v S (A185/2023) [2025] ZAWCHC 152 (28 March 2025)
The Western Cape High Court dismissed Bradley Samuels’ appeal against a 15-year effective sentence for two murders committed as a juvenile.
S v Dhliwayo (207/2024; A113/2024) [2025] ZAWCHC 139 (25 March 2025)
The court found that the accused was 17 years and 10 months old at the time of the commission of the offence, but was 18 at the time of his first appearance and arrest. The magistrate erred in not recognizing the significance of the accused's age at the time of the offence and failed to apply the Child Justice Act and the constitutional protections afforded to children. However, the legislative framework requires that the Child Justice Act applies only if the accused was under 18 at the time of arrest, unless the Director of Public Prosecutions issues a directive for its application to those…
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S v Mvela and Others (Sentence) (SS002/2023) [2025] ZAGPJHC 226 (10 March 2025)
Sentencing judgment for murder and attempted murder arising from a group attack on youths in Doornkop, with different sentences imposed based on age and the Child Justice Act.
S v LN (12/2023) [2025] ZAWCHC 40 (31 January 2025)
Automatic review of a child justice matter. The High Court confirmed convictions on counts 1 and 3, altered the sentence on count 3, and set aside counts 8 to 10.
S v M.M (RC167/23) [2024] ZAFSHC 382 (5 December 2024)
On automatic review, the High Court confirmed a child rape conviction but set aside a 10-year sentence, substituting five years’ compulsory residence in a youth care centre.
S v Maqhiza and Others (SS002/2023) [2024] ZAGPJHC 1324 (4 December 2024)
The Court found that the evidence of the State witnesses was credible, corroborated on material aspects, and placed the accused in possession of weapons and actively participating in the stabbing of Siyabonga and the murder of the deceased. The accused's denial and attempt to shift blame to the third group were not reasonably possibly true, given the overwhelming evidence, their conduct, and lack of early exculpatory statements. The accused acted in concert, armed, and with common purpose, manifesting the requisite mens rea for murder. The doctrine of common purpose applied, rendering all six…
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S v M.V.M and Another (Review) (REV 150/2024) [2024] ZALMPPHC 178 (15 November 2024)
On automatic review, the High Court replaced robbery convictions on count 1 with theft after finding the phone was obtained by misrepresentation, not force.
S v Mokone and Others (28/2022) [2024] ZAGPPHC 1375 (22 October 2024)
The court found that the personal circumstances of the accused, including youthfulness, first-offender status, and family background, were insufficient to constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for accused 1 and 3. The offences were premeditated, involved extreme violence, and resulted in the murder of four family members, including a pregnant woman, with aggravating factors such as the use of firearms and betrayal by a family member. The interests of society, the need for deterrence, and the profound impact on the victim…
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