South Africa Case Law

S v Dyabana and Others (Sentence) (CC64A/2024)

S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

CC64A/2024

Judge

Cengani-Mbakaza

The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…

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• Sentencing Principles
• Minimum Sentences
• Robbery With Aggravating Circumstances
• Attempted Murder
• Firearms Control
• Culpable Homicide

South African Professional Firearms Trainers Council NPC v Quality Council for Trades and Occupations and Others (097482/2024)

South African Professional Firearms Trainers Council NPC v Quality Council for Trades and Occupations and Others (097482/2024) [2025] ZAGPPHC 642 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

097482/2024

Judge

Retief

The High Court dismissed an urgent bid to stop development of a firearm-training skills programme, finding no prima facie right, irreparable harm, or basis for interim interdict relief.

• Interim Interdict
• Delegation Of Statutory Powers
• Firearms Control
• Skills Development
• Quality Assurance
• Contempt Of Court

S v Mtshali (Sentence) (CC59/2024)

S v Mtshali (Sentence) (CC59/2024) [2025] ZAGPPHC 590 (30 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC59/2024

Judge

Johnson

The court found that the accused committed heinous crimes against a defenceless minor, with no substantial and compelling circumstances to justify deviation from the prescribed minimum sentences. The accused's personal circumstances, including youthfulness and time spent in custody, were considered but found insufficient to outweigh the gravity of the offences. The court emphasized the need for a standardized response to such serious crimes and the protection of society. The application for a postponement to obtain a probation officer's report was denied as unsubstantiated and unnecessary. Th…

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• Minimum Sentencing
• Substantial And Compelling Circumstances
• Rape Of Minor
• Murder
• Firearms Control

De Bruin v S (Leave to Appeal) (KS21/2020)

De Bruin v S (Leave to Appeal) (KS21/2020) [2025] ZANCHC 43 (23 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

KS21/2020

Judge

Mamosebo

Leave to appeal against a murder conviction and sentence was dismissed. The court found no reasonable prospect that another court would reach a different result.

• Murder
• Dolus Eventualis
• Culpable Homicide
• Minimum Sentencing
• Leave To Appeal
• Firearms Control

Tabatha v S (Bail Appeal) (CA&R 04/25)

Tabatha v S (Bail Appeal) (CA&R 04/25) [2025] ZAECMHC 21 (27 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 04/25

Judge

N Cengani-Mbakaza

High Court dismissed a bail appeal in a domestic-related attempted murder case, holding the accused failed to prove release was in the interests of justice.

• Bail Proceedings
• Domestic Violence
• Onus Of Proof
• Interests Of Justice
• Role Of Prosecution
• Firearms Control

Ferris v Khumalo and Another (Bail Appeal) (CA&R 6/2025)

Ferris v Khumalo and Another (Bail Appeal) (CA&R 6/2025) [2025] ZANCHC 14 (7 February 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 6/2025

Judge

MC Mamosebo

The High Court upheld a Schedule 6 bail appeal, finding exceptional circumstances and admitting the appellant to bail subject to strict conditions.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Onus Of Proof
• Firearms Control
• Judicial Discretion

S v Maaga (CC72/2023)

S v Maaga (CC72/2023) [2024] ZAGPPHC 1377 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC72/2023

Judge

M Munzhelele

High Court sentencing judgment imposing life imprisonment and related terms for trafficking, robbery, extortion, and firearms-related offences.

• Human Trafficking
• Minimum Sentencing
• Robbery With Aggravating Circumstances
• Victim Impact Statements
• Firearms Control
• Sentencing Triage

S v Mokone and Others (28/2022)

S v Mokone and Others (28/2022) [2024] ZAGPPHC 1375 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

28/2022

Judge

M Munzhelele

The court found that the personal circumstances of the accused, including youthfulness, first-offender status, and family background, were insufficient to constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for accused 1 and 3. The offences were premeditated, involved extreme violence, and resulted in the murder of four family members, including a pregnant woman, with aggravating factors such as the use of firearms and betrayal by a family member. The interests of society, the need for deterrence, and the profound impact on the victim…

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• Minimum Sentencing
• Child Justice Act
• Murder
• Robbery With Aggravating Circumstances
• Firearms Control
• Sentencing Principles

Zixelele and Another v S (A01/2024)

Zixelele and Another v S (A01/2024) [2024] ZAWCHC 312 (15 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A01/2024

Judges

S Mthimunye, MI Samela

The court found that the regional magistrate had properly informed the appellants of the applicability of the Criminal Law Amendment Act and had afforded their legal representatives an opportunity to address the possibility of increasing the prescribed minimum sentences. The evidence relating to mitigation and aggravation of sentence was available and considered. The offences were extremely serious, involving violence, the use of weapons, and significant trauma to the complainants. The court held that the seriousness of the crimes outweighed the appellants' personal circumstances, which shoul…

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• Minimum Sentences
• Aggravating Circumstances
• Mitigation Of Sentence
• Concurrent Sentences
• Firearms Control
• Appeal Test

Tsotetsi v S (Leave to Appeal) (CC30/2020)

Tsotetsi v S (Leave to Appeal) (CC30/2020) [2024] ZAGPPHC 1042 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC30/2020

Judge

PD Phahlane

The High Court refused leave to appeal against sentence, finding no reasonable prospects of success and no basis to disturb the prescribed minimum sentences.

• Leave To Appeal
• Minimum Sentences
• Substantial And Compelling Circumstances
• Common Purpose
• Sentencing Discretion
• Firearms Control