South Africa Case Law

S v Hofmeester and Another (Sentence) (CC25/2020)

S v Hofmeester and Another (Sentence) (CC25/2020) [2025] ZAWCHC 278 (17 June 2025)

Court

Western Cape High Court, Cape Town

Case number

CC25/2020

Judge

Holderness

The court found that the murder of the five-year-old victim was senseless, brutal, and committed in furtherance of a common purpose by gang-affiliated accused using unlicensed firearms. The accused did not demonstrate genuine remorse, continued to mislead the court, and failed to accept responsibility. Their personal circumstances, including pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The interests of society, the severity of the offences, and the devastating impact on the vi…

Source excerpt

• Murder
• Minimum Sentences
• Gang Related Offences
• Child Victim
• Sentencing Principles
• Remorse And Mitigation

S.M v S (Appeal) (A14/2025)

S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)

Court

Western Cape High Court, Cape Town

Case number

A14/2025

Judges

J Cloete, N C De Jager

The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…

Source excerpt

• Sexual Offences
• Minimum Sentence Legislation
• Evidence Of Single Witness
• Consent In Sexual Offences
• Child Victim
• Appeal Against Conviction And Sentence

Booysen v S (Appeal) (A 204/2024)

Booysen v S (Appeal) (A 204/2024) [2025] ZAWCHC 80 (24 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A204/2024

Judges

Parker, Erasmus

The High Court dismissed Randall Booysen’s sentence appeal and confirmed life imprisonment for rape of an 11-year-old child while he was on parole.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Child Victim
• Parole
• Constitutional Right To Health

X.W v S (A06/2023)

X.W v S (A06/2023) [2025] ZAWCHC 15 (24 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A06/2023

Judges

Le Grange, Wille, Bishop

Appeal against rape convictions and life sentence dismissed. The court found no proven inadequate representation, upheld the evidence, and confirmed minimum sentencing.

• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing Regime
• Inadequate Legal Representation
• Single Witness Rule
• Child Victim
• Appeal Procedure

A.W.P v S (A350/2023)

A.W.P v S (A350/2023) [2024] ZAGPPHC 1090 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A350/2023

Judges

Millar, Suder

High Court dismissed a criminal appeal against conviction and life sentence for rape of a child by her stepfather, finding the evidence credible and no basis to interfere.

• Rape
• Minimum Sentencing
• Single Witness Rule
• Child Victim
• Credibility Assessment
• Substantial And Compelling Circumstances

S v Masukunya (Sentence) (CC82/2023)

S v Masukunya (Sentence) (CC82/2023) [2024] ZAGPPHC 1043 (14 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC82/2023

Judge

Strijdom

The accused was convicted of murder with dolus eventualis in the death of a 9-year-old child and sentenced to 25 years’ imprisonment, with firearm disqualification ordered.

• Murder
• Minimum Sentencing
• Dolus Eventualis
• Mitigating Factors
• Child Victim
• Firearms Disqualification

Twaise v S (A168/24)

Twaise v S (A168/24) [2024] ZAWCHC 235 (3 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A168/24

Judge

Matlhape B

The magistrate erred by failing to consider and weigh the grounds listed in section 60(4) of the Criminal Procedure Act, including the absence of evidence that the appellant posed a risk to public safety, would evade trial, intimidate witnesses, or undermine the criminal justice system. The state accepted the alternative address and conceded the weakness of its case. The magistrate incorrectly dismissed the appellant's personal circumstances as commonplace without proper judicial evaluation. The court found that the cumulative effect of the appellant's circumstances and the state's concession…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Sexual Offences
• Magistrate Discretion
• Child Victim

Davids v S (CA64/2019)

Davids v S (CA64/2019) [2024] ZANWHC 175 (10 July 2024)

Court

North West High Court, Mafikeng

Case number

CA64/2019

Judges

Mfenyana, Joubert

On appeal against sentence, the High Court corrected a misapplied minimum sentence and reduced the appellant’s sentence to six years per count, with partial concurrency.

• Sentencing Principles
• Minimum Sentences
• Concurrent Sentences
• Assault With Intent To Do Grievous Bodily Harm
• Child Victim
• Material Misdirection

Mokoena v S (A319/22)

Mokoena v S (A319/22) [2023] ZAGPPHC 1904 (1 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A319/22

Judges

T.P. Bokako, L Retief

The court found that the complainant's evidence, though that of a single child witness, was clear, satisfactory, and corroborated by medical and supporting testimony. Discrepancies regarding external injuries were immaterial. The appellant's version of consensual intercourse was improbable given the complainant's age, lack of prior relationship, and her immediate reporting of the incident. The trial court did not misdirect itself in convicting the appellant. Regarding sentence, the court held that the trial court erred by searching for extraordinary factors and failing to properly consider th…

Source excerpt

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Child Victim
• Substantial And Compelling Circumstances
• Appeal Procedure

Rasemane v S (A557/2016)

Rasemane v S (A557/2016) [2023] ZAGPPHC 1787 (4 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

A557/2016

Judges

Phooko, Potterill

The High Court dismissed an appeal against rape conviction and life sentence, finding the complainant credible, medically corroborated, and the minimum sentence properly applied.

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Substantial And Compelling Circumstances
• Child Victim
• Medical Corroboration