South Africa Case Law

S v Bhala and Others (Sentence) (CC 62/2019)

S v Bhala and Others (Sentence) (CC 62/2019) [2025] ZAWCHC 61 (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

CC62/2019

Judge

Lekhuleni

The court found that the murder was carefully planned and executed by all three accused, with the killing of the complainant intended to prevent her from testifying in a pending rape case. The gravity of the offence, the interests of society, and the lack of genuine remorse by the accused were weighed against their personal circumstances and the period of pre-conviction incarceration. The court held that the cumulative effect of these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for premeditat…

Source excerpt

• Premeditated Murder
• Minimum Sentencing
• Femicide
• Possession Of Unlicensed Firearm
• Possession Of Ammunition
• Substantial And Compelling Circumstances

S v Mondzinger (Sentence) (K/S 26/2022)

S v Mondzinger (Sentence) (K/S 26/2022) [2023] ZANCHC 80 (31 October 2023)

Court

Northern Cape High Court, Kimberley

Case number

K/S 26/2022

Judge

Mamosebo

The High Court sentenced Thys Mondzinger to life imprisonment for murdering his pregnant girlfriend, finding no substantial and compelling circumstances.

• Murder
• Minimum Sentencing
• Gender Based Violence
• Substantial And Compelling Circumstances
• Femicide
• Minimum-sentencing

S v Khasibe (CCD18/2022)

S v Khasibe (CCD18/2022) [2022] ZAKZPHC 43 (30 August 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CCD18/2022

Judge

Bezuidenhout

The court sentenced the accused to life imprisonment for the murder of his intimate partner, finding no substantial and compelling circumstances to depart from the minimum sentence.

• Murder
• Minimum Sentencing
• Gender Based Violence
• Femicide
• Parole Eligibility
• Minimum-sentencing

S v Robertson (CC 4112020)

S v Robertson (CC 4112020) [2022] ZAWCHC 104; 2023 (2) SACR 156 (WCC) (18 May 2022)

Court

Western Cape High Court, Cape Town

Case number

CC 4112020

Judge

Kusevitsky

The court found that the aggravating circumstances of the crimes far outweighed any mitigating factors. The accused's repeated violence against intimate partners, lack of remorse, disregard for protection orders, and attempts to conceal his crimes demonstrated a danger to society and a lack of prospects for rehabilitation. The prevalence of gender-based violence and femicide in South Africa required the court to impose sentences that reflect the seriousness of the offences and protect vulnerable women. The accused's personal circumstances, including his upbringing and exposure to violence, di…

Source excerpt

• Femicide
• Gender Based Violence
• Minimum Sentences
• Domestic Violence Act
• Rape
• Murder

Fish v S (K/S17/2014)

Fish v S (K/S17/2014) [2020] ZANCHC 44 (3 July 2020)

Court

Northern Cape High Court, Kimberley

Case number

K/S17/2014

Judge

Mamosebo

The High Court refused condonation and leave to appeal against convictions for assault, rape and murder, finding no reasonable prospects of success.

• Leave To Appeal
• Condonation
• Minimum Sentencing
• Criminal Capacity
• Femicide
• Fair Trial Rights

S v Tumaeletse (KS08/2019)

S v Tumaeletse (KS08/2019) [2020] ZANCHC 3 (4 March 2020)

Court

Northern Cape High Court, Kimberley

Case number

KS08/2019

Judge

Mamosebo

The High Court sentenced the accused to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.

• Murder
• Minimum Sentencing
• Premeditation
• Femicide
• Substantial And Compelling Circumstances
• Minimum-sentencing