South Africa Case Law

S v Mxanda (CA&R 68/24)

S v Mxanda (CA&R 68/24) [2025] ZANCHC 38 (6 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 68/24

Judges

Nxumalo, Stanton

The magistrate's order imposing imprisonment in default of payment of compensation under section 300 of the Criminal Procedure Act was incompetent. Section 300 compensation orders are civil in nature and cannot be enforced by criminal sanction. The court set aside the original sentence and substituted it with a compensatory order requiring the accused to pay R400.00 to the complainant for damages caused by her unlawful and intentional damage to window panes. No date for payment or alternative imprisonment was imposed, in line with the requirements of section 300.

Source excerpt

• Malicious Injury To Property
• Compensation Order
• Section 300 Cpa
• Section 112 1 A Cpa
• Sentence Review

S v Mokoena (A20/2024; R18/2024)

S v Mokoena (A20/2024; R18/2024) [2025] ZAFSHC 26 (13 February 2025)

Court

Free State High Court, Bloemfontein

Case number

A20/2024; R18/2024

Judges

Mhlambi, Manye

The Free State High Court confirmed a magistrate’s section 300 compensation order after finding a proper application had been made through the prosecutor.

• Malicious Damage To Property
• Compensation Order
• Section 300 Criminal Procedure Act
• Suspended Sentence
• Compensation-order
• Criminal-procedure-act

Fourie and Others v S (A257/2023)

Fourie and Others v S (A257/2023) [2024] ZAGPPHC 1287; [2025] 2 All SA 205 (GP) (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

A257/2023

Judges

Moshoana, Molopa-Sethosa, Strydom

The court found that the appellants were correctly convicted of robbery with aggravating circumstances, conspiracy, and statutory offences under the Explosives Act and Riotous Assemblies Act, based on overwhelming evidence including corroborated witness testimony and forensic analysis. However, convictions for unlawful possession of firearms and ammunition were set aside as the doctrine of common purpose does not extend to possession offences without proof of joint possession. The trial was found to be fair, with no failure of justice or bias. The compensation order under section 300 of the C…

Source excerpt

• Common Purpose
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Compensation Order
• Sentencing Principles

Raymond Daniel de Villiers v S (996/2021)

Raymond Daniel de Villiers v S (996/2021) [2023] ZASCA 83; 2023 (2) SACR 221 (SCA) (31 May 2023)

Court

Supreme Court of Appeal

Case number

996/2021

Judges

Zondi, Molemela, Mothle, Nhlangulela, Siwendu

The Supreme Court of Appeal set aside a compensation order made on appeal and remitted the matter to the regional court for sentencing afresh.

• Compensation Order
• Criminal Procedure Act Section 300
• Sentencing Discretion
• Restorative Justice
• Criminal-procedure-act-section-300
• Compensation-order

S v Tshefu (33/2019)

S v Tshefu (33/2019) [2020] ZAECBHC 4; 2020 (1) SACR 525 (ECB) (20 February 2020)

Court

Eastern Cape High Court, Bhisho

Case number

33/2019

Judges

B Hartle, B R Tokota

The magistrate's court erred in granting a compensation order under section 300 of the Criminal Procedure Act in the absence of a conviction for malicious injury to property and without a formal application by an injured person or instructions from such person to the prosecutor. The prosecutor's submissions were made without the support or input of any complainant, and no evidence was led to establish the quantum of damage or the identity of the injured person. The audi alteram partem principle was not properly observed, as the accused was not given adequate notice or opportunity to contest t…

Source excerpt

• Compensation Order
• Magistrates Court Jurisdiction
• Audi Alteram Partem
• Malicious Injury To Property
• Assault Common

Tirisano Transport and Services Workers Union (TASWU) and Others v Putco (Pty) Ltd (J1879/18)

Tirisano Transport and Services Workers Union (TASWU) and Others v Putco (Pty) Ltd (J1879/18) [2018] ZALCJHB 207 (14 June 2018)

Court

Labour Court Johannesburg

Case number

J1879/18

Judge

B Whitcher

The Labour Court dismissed a union challenge to retrenchments, finding Putco had consulted properly under section 189 and that the unions frustrated the process.

• Retrenchment Procedure
• Section 189 Consultation
• Meaningful Engagement
• Compensation Order
• Strike Impact On Consultation
• Retrenchment-procedure

Duda v S (A264/2017)

Duda v S (A264/2017) [2018] ZAFSHC 4 (4 January 2018)

Court

Free State High Court, Bloemfontein

Case number

A264/2017

Judges

MBHELE, CHESIWE

Appeal against a 3-year sentence for receiving stolen stock dismissed. The court held that imprisonment was appropriate and found no sentencing misdirection.

• Stock Theft
• Sentencing Discretion
• Compensation Order
• Suspended Sentence
• Sentencing-discretion
• Stock-theft

S v Masemola (CM433/2016)

S v Masemola (CM433/2016) [2017] ZAGPPHC 259 (6 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

CM433/2016

Judges

DE VOS, VAN DER WESTHUIZEN

The High Court reviewed a magistrate’s sentence, deleted an incorrect reference to section 300 of the Criminal Procedure Act, and set aside an order treating two counts as one for sentence.

• Malicious Injury To Property
• Assault
• Suspended Sentence Conditions
• Compensation Order
• Criminal Procedure Act
• Criminal-law

Seedat v S (731/2015)

Seedat v S (731/2015) [2016] ZASCA 153; 2017 (1) SACR 141 (SCA) (3 October 2016)

Court

Supreme Court of Appeal

Case number

731/2015

Judges

Tshiqi, Seriti, Saldulker, Mathopo, Fourie

The Supreme Court of Appeal found that the conviction for rape was supported by credible and corroborated evidence, including the complainant's testimony, medical findings, and circumstantial facts. The appellant's arguments regarding compensation requests and DNA evidence did not undermine the reliability of the complainant's account. The High Court erred in law by imposing a suspended sentence and compensation order without specifying a term of imprisonment, contrary to the requirements of the Criminal Procedure Act. Section 297(1) does not apply to offences with prescribed minimum sentence…

Source excerpt

• Rape
• Minimum Sentences
• Restorative Justice
• Compensation Order
• Appeal On Question Of Law

S v Williams (241/2015)

S v Williams (241/2015) [2016] ZAFSHC 20 (4 February 2016)

Court

Free State High Court, Bloemfontein

Case number

241/2015

Judges

K.J Moloi, J. Daffue

On special review, the High Court confirmed the conviction for assault with intent to do grievous bodily harm, replaced an unlawful sentence, and upheld the compensation order.

• Assault With Intent To Do Grievous Bodily Harm
• Plea And Sentence Agreement
• Magistrates Court Jurisdiction
• Compensation Order
• Firearms Control
• Criminal-law