South Africa Case Law

S.V.W v S (Appeal) (CA&R36/2024)

S.V.W v S (Appeal) (CA&R36/2024) [2025] ZANCHC 66 (6 June 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R36/2024

Judges

MC Mamosebo, APS Nxumalo

The court found that the State failed to prove that the appellant exposed his genitals to the complainants in counts 3, 6, 9, and 12, as the evidence was insufficient and uncorroborated. Therefore, the convictions and sentences on those counts were set aside. The court held that the offences under section 21(1) and section 22 are distinct, and there was no duplication of charges in principle. Regarding the rape convictions (counts 7 and 10), the court found the evidence of the child complainants, corroborated by adult witnesses and medical reports, to be credible and trustworthy. The acts des…

Source excerpt

• Sexual Offences And Related Matters Amendment Act
• Rape
• Sexual Assault
• Duplication Of Charges
• Single Witness Evidence
• Minimum Sentences

Galada and Another v S (4/2022)

Galada and Another v S (4/2022) [2024] ZAFSHC 140 (9 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4/2022

Judge

Naidoo

The court dismissed two applicants’ request for leave to appeal against conviction and sentence, finding no reasonable prospects of success or compelling reason.

• Leave To Appeal
• Reasonable Prospect Of Success
• Admissibility Of Evidence
• Duplication Of Charges
• Minimum Sentencing
• Leave-to-appeal

Nkosi v S (Appeal) (AR 368/21)

Nkosi v S (Appeal) (AR 368/21) [2023] ZAKZPHC 133 (3 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 368/21

Judges

Mngadi, Davis

The High Court upheld an appeal against convictions for corruption and defeating the ends of justice, setting aside both convictions and sentences.

• Corruption
• Defeating The Ends Of Justice
• Admission Of Guilt Fine
• Accomplice Evidence
• Duplication Of Charges
• Defeating-the-ends-of-justice

Mambane and Others v S (A116/2021)

Mambane and Others v S (A116/2021) [2022] ZAGPPHC 223 (11 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

A116/2021

Judges

Ndlokovane, Munzhelele

The High Court dismissed an appeal against convictions for tampering with essential infrastructure and theft of copper cables, and upheld 15-year minimum sentences.

• Essential Infrastructure Offences
• Minimum Sentencing
• Duplication Of Charges
• Theft Of Copper Cables
• Statutory Vs Common Law Offences
• Essential-infrastructure-offences

Ndwanyana and Others v S (A153/20)

Ndwanyana and Others v S (A153/20) [2021] ZAWCHC 183 (13 September 2021)

Court

Western Cape High Court, Cape Town

Case number

A153/20

Judges

Savage, Pangarker

The court upheld the robbery conviction, set aside the kidnapping and firearm-pointing convictions as duplicative, and reduced the third appellant’s sentence.

• Robbery With Aggravating Circumstances
• Duplication Of Charges
• Unlawful Possession Of Firearm
• Minimum Sentences
• Fair Trial Rights
• Sentencing Principles

Simelane v S (A128/2020)

Simelane v S (A128/2020) [2021] ZAGPPHC 245 (3 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A128/2020

Judges

Dlamini, Mosopa

Appeal against convictions for assault, kidnapping, attempted murder and rape was dismissed; the High Court upheld the life sentence and other terms.

• Rape
• Attempted Murder
• Kidnapping
• Minimum Sentences Act
• Single Witness Evidence
• Duplication Of Charges

Davids v S (A154/20)

Davids v S (A154/20) [2020] ZAWCHC 114 (7 October 2020)

Court

Western Cape High Court, Cape Town

Case number

A154/20

Judges

Kusevitsky, Saldanha

The court found that the acts of vaginal and anal penetration occurred in a single, uninterrupted event, with no evidence of an actus interveniens or appreciable time interval to justify two separate charges of rape. Accordingly, the appellant should have been convicted on a single count of rape. Regarding sentence, the court considered the violent and humiliating nature of the offence, the vulnerability of the complainant, and the appellant's personal circumstances. The interests of the community and the seriousness of the crime outweighed the appellant's personal circumstances. The court he…

Source excerpt

• Rape
• Minimum Sentencing
• Duplication Of Charges
• Substantial And Compelling Circumstances

Letuka v S (A244/2019)

Letuka v S (A244/2019) [2020] ZAGPPHC 289 (23 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

A244/2019

Judges

N Davis, C Van Der Westhuizen, L M Molopa-Sethosa

The High Court set aside the conspiracy-to-murder conviction as duplication, but upheld the murder conviction on common purpose and confirmed life imprisonment.

• Conspiracy To Murder
• Common Purpose
• Duplication Of Charges
• Minimum Sentencing
• Credibility Of Witnesses
• Criminal-law

Tembe v S (406/2017)

Tembe v S (406/2017) [2019] ZAGPPHC 306 (2 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

406/2017

Judges

VUMA, N MNGQIBISA-THUSI

The High Court upheld a sentence appeal, finding misdirection in a 30-year effective sentence for robbery-related convictions and replacing it with concurrent 10-year terms.

• Minimum Sentence Regime
• Substantial And Compelling Circumstances
• Concurrent Sentences
• First Offender
• Youthfulness
• Duplication Of Charges

Tembe v S (406/2017)

Tembe v S (406/2017) [2019] ZAGPPHC 517 (28 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

406/2017

Judges

L Vuma, N Mngqibisa-Thusi

The High Court upheld an appeal against sentence, finding misdirection in failing to order concurrency and to treat youth and first-offender status as mitigating factors.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Concurrent Sentences
• First Offender
• Youthfulness
• Duplication Of Charges