South Africa Case Law

Ditlhakanyane v S (775/2023)

Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)

Court

Supreme Court of Appeal

Case number

775/2023

Judges

Mocumie, Nicholls, Baartman, Musi, Windell

The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…

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• Racketeering
• Duplication Of Convictions
• Prevention Of Organised Crime Act
• Sentencing Discretion
• Special Leave To Appeal
• Pattern Of Racketeering Activity

Skhosana v S (Appeal) (A347/2023)

Skhosana v S (Appeal) (A347/2023) [2025] ZAGPPHC 635 (10 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A347/2023

Judges

P D Kekana, S Mfenyana

The High Court dismissed most of the appellant’s criminal appeal, upheld the setting aside of sexual assault convictions for duplication, and confirmed life sentences for rape.

• Rape
• Sexual Assault
• Minimum Sentences
• Duplication Of Convictions
• Credibility Of Witnesses
• Appeal Against Sentence

Ngomane v S (A30/2023)

Ngomane v S (A30/2023) [2025] ZAMPMBHC 9 (7 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A30/2023

Judges

M.R Moleleki, JH Roelofse

The High Court granted condonation, then dismissed an appeal against convictions for assault and rape, confirming life imprisonment for rape and 7 years for assault.

• Rape
• Assault With Intent To Do Grievous Bodily Harm
• Minimum Sentencing
• Condonation
• Duplication Of Convictions
• Assault-with-intent-to-do-grievous-bodily-harm

Tshemego v S (CA30/2023)

Tshemego v S (CA30/2023) [2024] ZANWHC 308 (19 December 2024)

Court

North West High Court, Mafikeng

Case number

CA30/2023

Judges

Reddy, Motsatsi

The court found that the trial court had materially misdirected itself by convicting the appellant on eight counts of rape, which constituted impermissible duplication of convictions. The evidence established that the appellant raped each victim more than once in a single encounter, which should have resulted in two counts only. The convictions on counts 2 to 4 and 6 to 8 were set aside, and the appellant was acquitted on those counts. The sentences of life imprisonment on counts 1 and 5 were confirmed, as the aggravating circumstances justified the prescribed minimum sentence. The appellant'…

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• Rape
• Duplication Of Convictions
• Minimum Sentences
• Consent
• Infliction Of Grievous Bodily Harm

S v Mthimkhulu (CA&R179/2024)

S v Mthimkhulu (CA&R179/2024) [2024] ZAECMKHC 116 (18 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R179/2024

Judges

T.V Norman, A.S. Zono

The court found that the accused was improperly convicted of both housebreaking with intent to steal and theft, as the theft was not completed. Applying the single intent test and relevant case law, only a conviction for housebreaking with intent to steal was appropriate. The sentence of eighteen months' imprisonment was unduly harsh, given the accused's personal circumstances, lack of actual loss to the complainant, and the fact that the items were not removed from the premises. The trial court's misdirection regarding the completed theft influenced the severity of the sentence. The High Cou…

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• Housebreaking With Intent To Steal
• Attempted Theft
• Duplication Of Convictions
• Sentencing Principles
• Suspended Sentence

Olivier and Another v S (Appeal) (CA&R23/23)

Olivier and Another v S (Appeal) (CA&R23/23) [2024] ZANCHC 60 (5 July 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R23/23

Judges

Nxumalo, Lever

The High Court dismissed a criminal appeal against convictions for robbery with aggravating circumstances and kidnapping, and confirmed the sentences.

• Robbery With Aggravating Circumstances
• Kidnapping
• Minimum Sentences
• Duplication Of Convictions
• Credibility Of Single Witness
• Sentencing Principles

Mmotla and Others v S (A99/2018)

Mmotla and Others v S (A99/2018) [2024] ZAGPPHC 362 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

A99/2018

Judges

Swanepoel, Leso, Kok

The convictions for murder, attempted murder, possession of firearms, and theft of a motor vehicle were set aside due to the absence of evidence directly linking the appellants to those offences and the improper application of the doctrine of common purpose, which was neither alleged nor proven. The evidence obtained via the police trap was admissible, as the conduct of the agents did not go beyond providing an opportunity to commit the offence. The first, third, and fourth appellants were found guilty of attempted robbery based on their active involvement in planning and executing the offenc…

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• Common Purpose
• Conspiracy
• Attempted Robbery
• Trap Evidence
• Duplication Of Convictions

S v Ngongwane

S v Ngongwane [2023] ZAGPPHC 275; A6/2022 (14 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A6/2022

Judges

Phahlane, van der Westhuizen, De Vos

The court found that the trial court correctly applied section 51(1) of Act 105 of 1997 to the rape count, as the offence involved the infliction of grievous bodily harm. There was no duplication of convictions or sentences between the rape and attempted murder counts, as these were independent acts. The trial court properly considered the appellant's personal circumstances but found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment for rape. However, the sentence of 25 years for attempted murder was found to be unjustif…

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• Minimum Sentences
• Rape With Grievous Bodily Harm
• Attempted Murder
• Concurrent Sentences
• Duplication Of Convictions

Sphuhle and Another v S (A233/21)

Sphuhle and Another v S (A233/21) [2022] ZAWCHC 5; 2023 (1) SACR 280 (WCC) (4 February 2022)

Court

Western Cape High Court, Cape Town

Case number

A233/21

Judges

DM Thulare, CM Fortuin

The court found that the convictions on three separate charges—housebreaking with intent to commit a crime unknown to the State, assault with intent to do grievous bodily harm, and robbery with aggravating circumstances—constituted an improper duplication. The facts established that the housebreaking was with the intent to rob, and the robbery was facilitated by the housebreaking, forming a single continuous transaction with a unified intent. The conviction on assault was a duplication of the robbery charge and should be set aside. The court held that only a single composite conviction for ho…

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• Duplication Of Convictions
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Minimum Sentences
• Common Purpose
• Sentencing Principles

Ramaila and Another v S (A192/2020)

Ramaila and Another v S (A192/2020) [2021] ZAGPPHC 679 (20 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

A192/2020

Judges

MJ Mosopa, T Tsautse

The High Court dismissed an appeal against kidnapping and robbery convictions, holding there was no duplication because the locking of complainants in a safe was a separate act.

• Duplication Of Convictions
• Robbery With Aggravating Circumstances
• Kidnapping
• Sentencing Discretion
• Concurrent Sentences
• Duplication-of-convictions