South Africa Case Law

Lorenzi v S (1171/2023)

Lorenzi v S (1171/2023) [2025] ZASCA 58 (13 May 2025)

Court

Supreme Court of Appeal

Case number

1171/2023

Judges

Mocumie, Kgoele, Coppin

The court held that the applicant failed to demonstrate exceptional circumstances warranting reconsideration of the refusal of special leave to appeal. The trial court properly exercised its sentencing discretion, considered all relevant factors, and imposed sentences that were appropriate given the seriousness and duration of the offences, the breach of fiduciary duty, and the lack of genuine remorse. The settlement agreement did not extinguish criminal liability nor constitute repayment of the stolen funds. Correctional supervision was not a viable sentencing option in the circumstances, an…

Source excerpt

• Special Leave To Appeal
• Exceptional Circumstances
• Sentencing Discretion
• Minimum Sentences
• Correctional Supervision

Mpanza v S (AR52/23)

Mpanza v S (AR52/23) [2025] ZAKZPHC 28 (24 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR52/23

Judges

Singh, Steyn

The High Court confirmed convictions for reckless driving and related offences, but set aside the sentences for vagueness and misdirection, remitting sentencing to another magistrate.

• Sentencing Principles
• Correctional Supervision
• Reckless Driving
• Failure To Comply With Driver Duties
• Drivers Licence Offences
• Sentencing-appeal

S v Railoun (Review) (34/25)

S v Railoun (Review) (34/25) [2025] ZAWCHC 35; 2025 (1) SACR 659 (WCC) (12 February 2025)

Court

Western Cape High Court, Cape Town

Case number

34/25

Judges

DM Thulare, ED Wille

High Court review set aside a conviction on a faulty protection-order charge, confirmed malicious damage conviction, and imposed antedated imprisonment.

• Domestic Violence Act
• Review Of Magistrate Decision
• Sentencing Principles
• Correctional Supervision
• Malicious Damage To Property
• Criminal-procedure

S v M.M (RC167/23)

S v M.M (RC167/23) [2024] ZAFSHC 382 (5 December 2024)

Court

Free State High Court, Bloemfontein

Case number

RC167/23

Judges

Daffue, Hefer

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.

• Child Justice Act
• Sentencing Of Children
• Rape Of Minor
• Compulsory Residence
• Correctional Supervision
• Child-justice-act

S v J.M.J (Review) (CA&R 65/2024)

S v J.M.J (Review) (CA&R 65/2024) [2024] ZANCHC 124 (29 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R65/2024

Judges

Mamosebo, Stanton

The proceedings in the magistrate’s court were not in accordance with justice. The charge sheet was vague and failed to specify the relevant section of the Children’s Act, rendering it defective and unable to sustain a conviction. There were discrepancies regarding the date of the offence and the age of the accused, which were not clarified. The sentence of correctional supervision imposed was incompetent, lacking necessary conditions and specificity, leaving the accused uncertain about her obligations. The trial court failed to incorporate recommendations from the suitability report and did…

Source excerpt

• Child Neglect
• Criminal Procedure Act
• Children S Act
• Correctional Supervision
• Fair Trial Rights

Ngcobo v S (AR388/2023)

Ngcobo v S (AR388/2023) [2024] ZAKZPHC 89 (18 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR388/2023

Judges

Radebe, Mossop

Appeal against a four-year sentence for stealing a hired compaction roller was dismissed. The court found no material misdirection and no shockingly inappropriate sentence.

• Sentencing Discretion
• Theft
• Correctional Supervision
• Appeal Against Sentence
• Criminal-law
• Sentencing-discretion

Mathobela v S (CA05/2020)

Mathobela v S (CA05/2020) [2024] ZANWHC 258 (17 October 2024)

Court

North West High Court, Mafikeng

Case number

CA05/2020

Judges

R D Hendricks, A H Petersen

The High Court dismissed an appeal against a six-year sentence for fraud and theft, holding there was no misdirection and direct imprisonment was justified.

• Sentencing Discretion
• Fraud
• Theft
• Correctional Supervision
• Mitigating Factors
• Sentencing-discretion

R.K v I.K (Sanction) (17760/2019)

R.K v I.K (Sanction) (17760/2019) [2024] ZAWCHC 307 (25 September 2024)

Court

Western Cape High Court, Cape Town

Case number

17760/2019

Judge

Andrews

The court sentenced the respondent to 30 days’ correctional supervision, with house arrest and reporting conditions, after finding imprisonment inappropriate.

• Contempt Of Court
• Rule 43 Orders
• Correctional Supervision
• Insolvent Estate
• Costs Discretion
• Contempt-of-court

Sithebe v S (A299/2021)

Sithebe v S (A299/2021) [2024] ZAGPPHC 886 (5 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

A299/2021

Judges

MJ Mosopa, N Tshombe

The High Court dismissed an appeal against a five-year sentence for housebreaking with intent to steal and theft, holding that correctional supervision was not appropriate.

• Housebreaking With Intent To Steal
• Sentencing Principles
• Correctional Supervision
• First Offender
• Appeal Against Sentence
• Criminal-sentencing

Lorenzi v S (A130/21)

Lorenzi v S (A130/21) [2024] ZAWCHC 229; 2025 (1) SACR 421 (WCC) (29 August 2024)

Court

Western Cape High Court, Cape Town

Case number

A130/21

Judge

Lekhuleni

High Court appeal against refusal of bail pending reconsideration of leave to appeal was dismissed. The court held the appellant had not shown that bail was in the interests of justice.

• Bail Pending Appeal
• Minimum Sentences Act
• Flight Risk
• White Collar Crime
• Section 17 2 F Superior Courts Act
• Correctional Supervision