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South Africa decisions
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S v Mgqobozi (Sentence) (CC33/2017) [2025] ZAECMHC 60 (25 June 2025)
High Court sentencing for kidnapping, rape, murders and aggravated robbery. The court imposed life sentences for the murder and rape counts plus ancillary protective orders.
Shongwe v S (Appeal) (A245/2023) [2024] ZAGPPHC 1011 (27 September 2024)
Appeal against rape conviction and life sentence dismissed. The court relied on DNA evidence, found the appellant’s version improbable, and confirmed the minimum sentence.
Nkonwane v S (CA 49/20) [2024] ZANWHC 93 (28 March 2024)
The court found that the psychiatric report complied with the requirements of section 79 of the Criminal Procedure Act, both in terms of panel composition and observation period. The appointment of a third psychiatrist for the accused is permissive, not mandatory, and the appellant was observed for the requisite thirty days. The report adequately described the nature of the enquiry. The amendment of the charge sheet to invoke section 51 of the Criminal Law Amendment Act was not prejudicial to the appellant, as he was afforded legal representation and the opportunity to address the court. The…
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M.C.B v N.G (17885-2020) [2024] ZAGPJHC 227 (6 March 2024)
The court found that the psychologist's report raised serious concerns about the respondent's ability to care for the minor child and that the status quo did not serve the child's best interests. As upper guardian, the court is empowered to grant interim relief even if not specifically sought by the applicant, especially where the child's welfare is at risk. The court ordered an urgent investigation by the Family Advocate and a forensic psychologist, and, pending the outcome, vested primary residence with the applicant. The respondent's counter-application was largely dismissed except for the…
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D v S (CA 20/21) [2024] ZANWHC 68 (6 March 2024)
The High Court dismissed an appeal against a rape conviction and life sentence, finding the child complainant credible and no substantial and compelling circumstances.
S v Ntakatsane - Sentence (26/2023) [2023] ZAECMKHC 120 (27 October 2023)
The court found that the aggravating circumstances of the case, including the rape of two minors under threat and the psychological harm suffered by the victims, outweighed any mitigating factors such as the accused's lack of prior convictions and guilty plea to count 3. The accused showed no remorse and his personal circumstances did not justify deviation from the prescribed minimum sentences. The court held that there were no substantial and compelling circumstances to depart from the statutory minimums. Life imprisonment for counts 1 and 2 and 10 years imprisonment for count 3, to run conc…
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S v Madinga - Sentence (30/2022) [2023] ZAECELLC 24 (15 September 2023)
The court found that the offences committed by Mr Madinga were extremely serious, involving multiple rapes over an extended period, use of weapons, threats, and victims who were young and vulnerable. The prescribed minimum sentences for rape, including life imprisonment, were applicable under the Criminal Law Amendment Act. The accused's personal circumstances, including his status as a first offender, youthfulness, and family responsibilities, were considered but found to be ordinary mitigating factors rather than substantial and compelling circumstances. The court rejected arguments that de…
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M v S (A103/2022) [2022] ZAGPJHC 1035 (25 November 2022)
The court found that the Regional Magistrate erred by placing excessive weight on the appellant's guilt and failing to balance the personal circumstances of the appellant with the interests of justice. The appellant demonstrated that he is employed, the sole breadwinner for his minor children, and willing to relocate to an alternative address to protect the complainant. The seriousness of the offence and community outrage were considered, but the appellant's arrangements and willingness to comply with strict bail conditions mitigated risks. The court held that the interests of justice permit…
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Sehlabaka v S (A104/2021) [2022] ZAFSHC 37 (21 February 2022)
The High Court dismissed a criminal appeal against conviction and life sentence for raping an 8-year-old complainant, finding the evidence and sentence justified.
S.M.M v S (A209/2019) [2021] ZAFSHC 190 (26 July 2021)
The High Court upheld a rape conviction and life sentence, correcting only that the appellant stood convicted on one charge, not two.
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