South Africa Case Law

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024)

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024) [2025] ZASCA 67 (26 May 2025)

Court

Supreme Court of Appeal

Case number

417/2024

Judges

Nicholls, Hughes, Keightley, Baartman, Windell

The Supreme Court of Appeal held that the defects in the search warrant—incorrect address and failure to name specific officers—were technical and not flagrant violations of constitutional rights. The police acted in good faith, sought judicial authority, and the evidence seized was real and highly probative. There was no coercion or deliberate disregard for the respondents' rights. The evidence could have been lawfully obtained under section 22 of the Criminal Procedure Act. Admission of the evidence would not render the trial unfair or bring the administration of justice into disrepute. The…

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• Admissibility Of Evidence
• Search And Seizure
• Section 35 5 Constitution
• Drug Trafficking
• Defective Search Warrant

S v Amobi and Others (CC50/2020)

S v Amobi and Others (CC50/2020) [2025] ZAGPPHC 579 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC50/2020

Judge

Mosopa

The court applied section 174 of the Criminal Procedure Act, considering whether there was evidence upon which a reasonable court might convict each accused on the respective counts. The State conceded discharge on counts where no evidence was led. For the remaining counts, the court assessed the quality and reliability of the evidence, including the credibility of witnesses and the extent to which the accused were implicated. The court found that, for certain counts, the evidence was insufficient and ordered discharge, while for other counts, there was prima facie evidence requiring the accu…

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• Section 174 Criminal Procedure Act
• Human Trafficking
• Rape
• Drug Trafficking
• Assault With Intent To Do Grievous Bodily Harm
• Immigration Offences

Botha v S (Bail Appeal) (BA 03/2025)

Botha v S (Bail Appeal) (BA 03/2025) [2025] ZALMPPHC 49 (19 March 2025)

Court

Limpopo High Court, Polokwane

Case number

BA03/2025

Judge

M Z Makoti

High Court bail appeal upheld after finding the magistrate misdirected itself on flight risk and irrelevant considerations; bail granted with conditions.

• Bail Application
• Schedule 5 Offences
• Flight Risk
• Interests Of Justice
• Drug Trafficking
• Money Laundering

Jose v S (A62/2023)

Jose v S (A62/2023) [2024] ZAGPJHC 570 (11 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A62/2023

Judges

FJ Van der Westhuizen, WA Karam

The court found that the magistrate had properly considered all relevant factors, including the appellant's time spent in custody awaiting trial, her personal circumstances, and the aggravating features of the case, notably the large quantity of cocaine imported. The sentence imposed was not found to be shockingly inappropriate, and there was no misdirection by the court below. The appeal against sentence was therefore dismissed.

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• Drug Trafficking
• Sentencing
• Substantial And Compelling Circumstances
• Awaiting Trial Period

Haggis and Another v S (A147/2013;30/97/1997)

Haggis and Another v S (A147/2013;30/97/1997) [2023] ZAWCHC 64; 2023 (2) SACR 24 (WCC) (17 March 2023)

Court

Western Cape High Court, Cape Town

Case number

A147/2013;30/97/1997

Judges

Baartman, De Wet

Appeal against sentence after extreme delay. The court admitted new evidence, found exceptional circumstances for one appellant, and reduced both sentences.

• Drug Trafficking
• Sentence Appeal
• Admission Of Further Evidence On Appeal
• Exceptional Circumstances
• Delay In Finalisation
• Ill Health And Sentencing

Kara and Others v S (A 218/22; F563/2022)

Kara and Others v S (A 218/22; F563/2022) [2022] ZAWCHC 258; 2023 (2) SACR 171 (WCC) (1 December 2022)

Court

Western Cape High Court, Cape Town

Case number

A 218/22; F563/2022

Judge

P.A.L. Gamble

High Court bail appeal in a major cocaine case dismissed after the court found the appellants failed to show that release was in the interests of justice.

• Bail Application
• Criminal Procedure Act
• Flight Risk
• Minimum Sentencing
• Drug Trafficking
• Onus Of Proof

Rayane v S (A042/2021)

Rayane v S (A042/2021) [2021] ZAGPJHC 786 (23 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A042/2021

Judges

Nemavhidi, Mia

The High Court dismissed a sentence appeal for drug dealing, holding that 10 years’ effective imprisonment was a proper exercise of sentencing discretion.

• Drug Trafficking
• Sentencing Principles
• Appeal Against Sentence
• Minimum Sentences
• Drug-trafficking
• Sentence-appeal

S v De Oliveira

S v De Oliveira [2021] ZAGPJHC 694 (16 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A37/2021

Judges

Yacoob, Khumalo

The High Court dismissed a sentence appeal by a first-time offender convicted of dealing in cocaine, confirming 12 years’ imprisonment with credit for time already served.

• Drug Trafficking
• Sentencing Discretion
• Mitigating Factors
• Appeal Against Sentence
• Criminal-sentencing
• Drug-trafficking

Mamba v Naledi (A245/2018)

Mamba v Naledi (A245/2018) [2020] ZAGPPHC 819 (8 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

A245/2018

Judges

A J Bam, J M Mogotsi

The High Court dismissed a criminal appeal against drug-trafficking, fraud, and immigration convictions, holding that the evidence supported possession and the sentences were appropriate.

• Drug Trafficking
• Presumption Of Possession
• False Evidence
• Sentencing Discretion
• Immigration Offences
• Fraud

S v Dlamini (R42/2020)

S v Dlamini (R42/2020) [2020] ZAFSHC 109 (18 June 2020)

Court

Free State High Court, Bloemfontein

Case number

R42/2020

Judges

O.R. Majosi, P.E. Molitsoane

On special review, the High Court confirmed the conviction for dealing in dagga but set aside an incompetent sentence and replaced it with wholly suspended imprisonment.

• Drug Trafficking
• Sentencing Principles
• Review Procedure
• Firearms Disqualification
• Criminal-law
• Drug-trafficking