South Africa Case Law

Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023)

Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023) [2025] ZAGPPHC 311 (26 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

081565/2023

Judge

Holland-Muter

The High Court granted leave to appeal to the Supreme Court of Appeal, finding reasonable prospects of success and compelling circumstances in a tender dispute.

• Leave To Appeal
• Reasonable Prospect Of Success
• Compelling Circumstances
• Tender Review
• Leave-to-appeal
• Reasonable-prospect-of-success

Moreo v S (CA22/2021)

Moreo v S (CA22/2021) [2024] ZANWHC 265 (24 October 2024)

Court

North West High Court, Mafikeng

Case number

CA22/2021

Judges

R D Hendricks, K D Ramolefe

The High Court dismissed an appeal against a 10-year rape sentence, holding that the appellant’s age and first-offender status did not justify departure from the minimum sentence.

• Rape
• Minimum Sentencing
• Mitigating Factors
• Appeal Against Sentence
• Compelling Circumstances
• Minimum-sentencing

Motlhajwe v S (CA 26/2008)

Motlhajwe v S (CA 26/2008) [2013] ZANWHC 29 (28 March 2013)

Court

North West High Court, Mafikeng

Case number

CA 26/2008

Judges

A M Kgoele, R D Hendricks

The court found that the trial court over-emphasized the seriousness of the offence and failed to properly consider mitigating factors, including the appellant's status as a first offender, his guilty plea, his age indicating potential for rehabilitation, and the absence of physical injuries to the complainant. The trial court's finding of premeditation was not supported by the evidence, and the robbery of R300 was not relevant as the appellant was not charged with that offence. These substantial and compelling circumstances warranted deviation from the prescribed minimum sentence of life imp…

Source excerpt

• Minimum Sentencing
• Rape
• Housebreaking
• Mitigating Factors
• Compelling Circumstances

Du Preez v S (A162/11)

Du Preez v S (A162/11) [2011] ZAWCHC 359 (13 September 2011)

Court

Western Cape High Court, Cape Town

Case number

A162/11

Judges

E Steyn, N Bawa

The court found that the appellant was properly informed of the minimum sentence legislation and received a fair trial. The evidence against the appellant was credible and overwhelming, including testimony from the main state witness and forensic evidence. The appellant's version was rejected as implausible and dishonest. The trial court correctly found substantial and compelling circumstances, notably the presence of dolus eventualis rather than direct intent, lack of previous convictions, low education, responsibility for his elderly mother, and the role of alcohol. The sentence of 15 years…

Source excerpt

• Minimum Sentence Legislation
• Dolus Eventualis
• Appeal Against Conviction
• Appeal Against Sentence
• Compelling Circumstances
• Judicial Discretion

Khumalo v S (AR 452/2009)

Khumalo v S (AR 452/2009) [2009] ZAKZPHC 70 (3 December 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 452/2009

Judges

Gorven, Van der Reyden

The High Court upheld a rape conviction based on a credible single witness, but reduced the sentence from life imprisonment to 15 years.

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Compelling Circumstances
• Criminal-appeal
• Single-witness-evidence

S v Kgabo and Others (CC 11/1994)

S v Kgabo and Others (CC 11/1994) [2005] ZANWHC 63 (13 September 2005)

Court

North West High Court, Mafikeng

Case number

CC 11/1994

Judge

A A Landman

The High Court recommended substitute sentences after death sentences were invalidated, imposing 25 years for Meisie Kgomo and life imprisonment for Petrus Legong.

• Death Penalty Substitution
• Minimum Sentence Legislation
• Domestic Violence
• Compelling Circumstances
• Sentencing Guidelines
• Death-penalty

S v Van Wyk (SS34/2003)

S v Van Wyk (SS34/2003) [2003] ZAWCHC 92 (24 March 2003)

Court

Western Cape High Court, Cape Town

Case number

SS34/2003

Judge

Hlophe JP

The High Court sentenced Hendrik Van Wyk to life imprisonment for rape of a 15-year-old, finding no substantial and compelling circumstances to depart from the minimum sentence.

• Rape Of Minor
• Minimum Sentences Act
• Sentencing Principles
• Compelling Circumstances
• Rape-of-minor
• Minimum-sentences