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South Africa Case Law

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Criminal Law [2025] ZAKZPHC 57

Mzimela v S (Leave to Appeal) (CC24/2023)

Mzimela v S (Leave to Appeal) (CC24/2023) [2025] ZAKZPHC 57 (17 June 2025)

Leave to appeal against sentence was refused. The court held there was no misdirection: the applicant’s personal circumstances were considered and the sentence was justified.

  • Sentencing Discretion
  • Leave To Appeal
  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Firearm Possession
  • Sentencing-discretion
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Criminal Law [2021] ZAGPPHC 838

Bango and Others v S (A488/2017)

Bango and Others v S (A488/2017) [2021] ZAGPPHC 838 (30 November 2021)

The High Court dismissed an appeal against conviction and sentence, upholding murder and firearm-related convictions based on circumstantial evidence and joint possession.

  • Joint Possession
  • Minimum Sentences Act
  • Circumstantial Evidence
  • Murder
  • Firearm Possession
  • Sentencing Principles
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Criminal Law [2020] ZAWCHC 118

S v Solomon and Others (CC23/2018)

S v Solomon and Others (CC23/2018) [2020] ZAWCHC 118; 2021 (1) SACR 533 (WCC) (12 October 2020)

Sentencing judgment imposing life and long-term sentences for murder, attempted murder, drug dealing, and gang-related offences.

  • Minimum Sentencing
  • Criminal Gang Activity
  • Drug Dealing
  • Firearm Possession
  • Attempted Murder
  • Murder
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Criminal Law [2020] ZAGPPHC 241

Morathane and Another v S (A327/2017)

Morathane and Another v S (A327/2017) [2020] ZAGPPHC 241 (14 May 2020)

High Court appeal in a robbery and firearms matter. The court upheld the 1st appellant’s convictions, partly upheld the 2nd appellant’s appeal, and confirmed adjusted sentences.

  • Robbery With Aggravating Circumstances
  • Firearm Possession
  • Admissions And Confessions
  • Identification Evidence
  • Minimum Sentencing
  • Alibi Defence
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Criminal Law [2019] ZAECPEHC 12

S v Brown and Others (CC18/2017)

S v Brown and Others (CC18/2017) [2019] ZAECPEHC 12; [2019] 2 All SA 622 (ECP) (1 March 2019)

The court found that abalone poaching and racketeering are serious offences with significant societal and environmental impact. The evidence established that Accused 1 was the employer and principal beneficiary of the criminal enterprise, with Accused 2 and 3 playing significant roles. Mitigating factors such as personal circumstances and lack of financial benefit were considered but did not outweigh the need for deterrence and the seriousness of the offences. Previous non-custodial sentences have proven ineffective in deterring abalone poaching, and the legislature prescribes severe penaltie…

  • Racketeering
  • Abalone Poaching
  • Protection Of Organised Crime Act
  • Sentencing Principles
  • Firearm Possession
  • Mitigation Of Sentence
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Criminal Law [2018] ZAKZPHC 27

Dalingxolo and Another v S (AR561/2015)

Dalingxolo and Another v S (AR561/2015) [2018] ZAKZPHC 27 (3 July 2018)

High Court appeal on robbery, attempted murder, and sentencing. The first appellant’s attempted-murder conviction was set aside, and both appellants’ sentences were reduced.

  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Recent Possession Doctrine
  • Minimum Sentence Legislation
  • Sentencing Principles
  • Firearm Possession
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Criminal Law [2018] ZAGPPHC 653

S v Mashigo (383/2017)

S v Mashigo (383/2017) [2018] ZAGPPHC 653 (19 February 2018)

On special review, the High Court confirmed Shaun Mashigo’s conviction and sentence but amended the suspended-sentence conditions to remove inapplicable statutory references.

  • Housebreaking With Intent To Steal
  • Theft
  • Sentencing Misdirection
  • Suspended Sentence
  • Firearm Possession
  • Criminal-law
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Criminal Law [2017] ZAWCHC 83

Ngcukana v S (A443/15)

Ngcukana v S (A443/15) [2017] ZAWCHC 83 (18 August 2017)

Appeal partly upheld: acquittal on counts 4 and 5, conviction on count 1 confirmed, and life sentence reduced to 20 years.

  • Murder
  • Attempted Murder
  • Firearm Possession
  • Sentencing Principles
  • Common Purpose
  • Credibility Of Witnesses
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Criminal Law [2016] ZAGPPHC 936

Mkhabela and Others v S (A334/15)

Mkhabela and Others v S (A334/15) [2016] ZAGPPHC 936 (8 November 2016)

The High Court dismissed a sentence appeal in a rhino-poaching conspiracy case, finding no material misdirection and no basis to interfere with the custodial sentences.

  • Conspiracy
  • Illegal Hunting
  • Protected Species
  • Sentencing Principles
  • Police Trap
  • Firearm Possession
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Criminal Law [2015] ZASCA 41

Seemela v S (20508/2014)

Seemela v S (20508/2014) [2015] ZASCA 41; 2016 (2) SACR 125 (SCA) (26 March 2015)

Appeal partly upheld: one murder conviction set aside for hearsay reliance, another replaced with attempted murder for lack of proven legal causation.

  • Admissibility Of Hearsay Evidence
  • Legal Causation
  • Attempted Murder
  • Intimate Partner Violence
  • Firearm Possession
  • Criminal Procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.