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South Africa decisions
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S v Shoba (SS36/2021) [2022] ZAGPJHC 491 (29 July 2022)
The High Court sentenced Ntuthuko Shoba to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.
S v Rwantsana (CC21/2015) [2020] ZAECMHC 59 (9 December 2020)
The High Court sentenced Samuel Cebisile Rwantsana to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.
S v Makhala and Others (CC06/19) [2019] ZAWCHC 183 (13 December 2019)
The High Court sentenced three accused to life imprisonment for a planned contract murder and concurrent 5-year terms for firearm offences.
Nkuna and Another v S (AA07/2018) [2019] ZALMPPHC 3 (22 February 2019)
The High Court dismissed an appeal against murder convictions and life sentences, upholding a confession, identification evidence, and the finding of contract killing.
Chika v S (A438/2016) [2017] ZAGPPHC 632 (22 September 2017)
The High Court dismissed an appeal against a life sentence for murder, finding no substantial and compelling circumstances to justify departure from the prescribed minimum.
Director of Public Prosecutions, Gauteng Divsion, Pretoria v Tsotetsi (170/2017) [2017] ZASCA 83; 2017 (2) SACR 233 (SCA) (2 June 2017)
The Supreme Court of Appeal held that life imprisonment was the proper sentence for two premeditated murders, finding no substantial and compelling circumstances.
Monye and Another v S (107/2016) [2016] ZASCA 111; 2017 (1) SACR 329 (SCA) (2 September 2016)
The Supreme Court of Appeal upheld life sentences for two men involved in a contract killing, finding no substantial and compelling circumstances to depart from the minimum sentence.
Mabitle v S (CAF 4/2016) [2016] ZANWHC 24; 2017 (1) SACR 325 (NWM) (30 May 2016)
The trial court erred in imposing a life sentence under the minimum sentencing regime without proper forewarning to the accused, as required by law. The absence of reference to the Criminal Law Amendment Act 105 of 1997 in the indictment and lack of notification to the appellant rendered the sentence unlawful. The appellate court set aside the life sentence and imposed a sentence afresh, taking into account the appellant's youth, personal circumstances, and the need for rehabilitation. While contract killings are heinous and deserving of severe punishment, the mitigating factors warranted a s…
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Ngubane v S (AR345/2013) [2016] ZAKZPHC 45 (26 May 2016)
The court found that the evidence of the pointing out made by the appellant was properly admitted, as it was made freely and voluntarily, with all constitutional rights explained and respected. The interpreter, Warrant Officer Nomvalo, was independent and his evidence was the best available given the death of Captain Auerbach. The circumstantial evidence, including witness testimony and forensic findings, corroborated the appellant's admissions and established his involvement in the planning and execution of the murder. The appellant's failure to testify in his defence, in the face of a stron…
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Ngubane v S (AR345/2013) [2016] ZAKZPHC 64 (26 April 2016)
The court found that the evidence of the pointing out made by the appellant was properly admitted, as it was made freely and voluntarily, with all constitutional rights explained and respected. The interpreter, Warrant Officer Nomvalo, was independent and his evidence was the best available, eliminating hearsay concerns. The pointing out was corroborated by circumstantial evidence from witnesses and physical evidence, establishing the appellant's involvement in the planning and execution of the murder. The appellant's own admissions and failure to testify in his defence further strengthened t…
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