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South Africa decisions
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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 S.M (R03/2022;PCJC01/2021;01/2022) [2022] ZAMPMBHC 27 (26 April 2022)
High Court review of a child justice sentence set aside an incompetent compulsory-residence order and remitted the matter for fresh sentencing.
S v K.D (B541/2020) [2021] ZAWCHC 10; 2021 (1) SACR 675 (WCC) (2 February 2021)
On automatic review, the High Court remitted a child offender’s firearm case for reconsideration of sentence and set aside the firearm-unfitness order.
S v M (38/2016) [2018] ZAFSHC 28 (15 March 2018)
On special review, the High Court confirmed a minor’s conviction but corrected an irregular sentence by imposing three years’ compulsory residence in a Child and Youth Care Centre.
H.M.A v S (42/2015) [2016] ZANCHC 5 (15 April 2016)
High Court review of a child rape sentence held the magistrate’s order incompetent and remitted the matter for fresh sentencing.
Nakedi v S (HC12/2012) [2014] ZANWHC 69 (5 September 2014)
The court granted condonation and leave to appeal in a child justice matter, noting that later legislation had changed the law on automatic review.
N v S (HC12/2012) [2014] ZALCC 16 (5 September 2014)
The court found that the legal position regarding automatic review of sentences imposed on children has been clarified by the Judicial Matters Amendment Act, which amended section 85 of the Child Justice Act to require automatic review regardless of legal representation. Although the amendment is not retrospective, the existence of conflicting judgments and the need to align practice with the amended law constitute compelling reasons to grant leave to appeal. The court also acknowledged concerns about the suitability of the designated youth care facility but held that this issue was not addre…
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S v Goliath (CA&R36/2014) [2014] ZAECGHC 4; 2014 (2) SACR 290 (ECG) (17 February 2014)
The High Court held that the regional magistrate was indeed functus officio after sentencing the accused to compulsory residence at the Bhisho Child and Youth Care Centre and the accused's admission thereto. The closure and dysfunction of the Bhisho facility constituted subsequent events justifying review of the sentence, but did not confer jurisdiction on the magistrate to impose an alternative sentence without the original sentence being set aside. The only lawful mechanism for altering the sentence was by way of review or appeal. The orders made in related proceedings did not override thes…
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S v TLT (RC258/2012) [2013] ZAGPJHC 163 (21 June 2013)
High Court reviewed the sentence of a 15-year-old convicted of murder, set aside the sentence, and remitted the matter for resentencing under the Child Justice Act.
Stander v S (CA&R 426/2012) [2013] ZAECGHC 62; 2013 (2) SACR 323 (ECG) (24 May 2013)
The High Court found that the sentence of compulsory residence in a child and youth care centre for a minimum period of two years was disturbingly inappropriate given the appellant's circumstances, the nature of the offences, and his status as a first offender. The offences, while serious, did not warrant such a severe custodial sentence, especially as the appellant had shown remorse, cooperated with authorities, and had not previously been subject to criminal justice interventions. The Magistrate failed to properly consider the statutory factors in section 69 of the Child Justice Act and did…
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