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South Africa Case Law

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Criminal Law [2025] ZANCHC 61

S v Pitso (Sentence) (KS 7/2025)

S v Pitso (Sentence) (KS 7/2025) [2025] ZANCHC 61 (1 August 2025)

Guilty-plea sentencing for murder and two assaults arising from domestic violence. The court found substantial and compelling circumstances and imposed 20 years’ imprisonment.

  • Minimum Sentencing
  • Domestic Violence
  • Murder
  • Assault
  • Remorse And Mitigation
  • Firearms Disqualification
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Criminal Law [2025] ZAKZPHC 16

S v Mtshali (R41/2025)

S v Mtshali (R41/2025) [2025] ZAKZPHC 16; 2025 (1) SACR 665 (KZP) (21 February 2025)

High Court review of a shoplifting conviction: sentence and firearm disqualification were set aside, and the fine was paired with a shorter default prison term.

  • Shoplifting
  • Sentencing Discretion
  • Firearms Disqualification
  • Judicial Conduct
  • Review Procedure
  • Sentencing-discretion
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Criminal Law [2024] ZAGPPHC 1043

S v Masukunya (Sentence) (CC82/2023)

S v Masukunya (Sentence) (CC82/2023) [2024] ZAGPPHC 1043 (14 October 2024)

The accused was convicted of murder with dolus eventualis in the death of a 9-year-old child and sentenced to 25 years’ imprisonment, with firearm disqualification ordered.

  • Murder
  • Minimum Sentencing
  • Dolus Eventualis
  • Mitigating Factors
  • Child Victim
  • Firearms Disqualification
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Criminal Law [2024] ZANWHC 114

Leso v S (CA 63/2019)

Leso v S (CA 63/2019) [2024] ZANWHC 114 (16 April 2024)

The court held that the trial court properly considered all relevant evidence, including the appellant's personal circumstances and the gravity of the offences. The rapes were committed against two minor victims, at knife point, repeatedly, and in degrading circumstances. The trial court found no substantial and compelling circumstances to justify a lesser sentence than life imprisonment, as required by section 51(1) of the Criminal Law Amendment Act. The appellate court found no misdirection or disproportionality in the sentence imposed and concluded that the prescribed minimum sentence was…

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Child Victims
  • Firearms Disqualification
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Criminal Law [2023] ZAGPJHC 936

S v Ndebele (sentence) (SS 50/2022)

S v Ndebele (sentence) (SS 50/2022) [2023] ZAGPJHC 936 (21 August 2023)

After convicting the accused of premeditated murder, the court found no substantial and compelling circumstances and imposed life imprisonment.

  • Murder
  • Minimum Sentencing
  • Domestic Violence
  • Substantial And Compelling Circumstances
  • Remorse
  • Firearms Disqualification
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Criminal Law [2020] ZAGPPHC 470

Mathenjwa v S (A46/2020)

Mathenjwa v S (A46/2020) [2020] ZAGPPHC 470 (18 August 2020)

The High Court dismissed a criminal appeal against convictions for rape of a 13-year-old child and kidnapping, upholding life imprisonment and a firearm disqualification order.

  • Rape Of Minor
  • Minimum Sentencing
  • Statutory Rape
  • Kidnapping
  • Firearms Disqualification
  • Criminal-law
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Criminal Law [2020] ZAFSHC 109

S v Dlamini (R42/2020)

S v Dlamini (R42/2020) [2020] ZAFSHC 109 (18 June 2020)

On special review, the High Court confirmed the conviction for dealing in dagga but set aside an incompetent sentence and replaced it with wholly suspended imprisonment.

  • Drug Trafficking
  • Sentencing Principles
  • Review Procedure
  • Firearms Disqualification
  • Criminal-law
  • Drug-trafficking
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Criminal Law [2017] ZAGPJHC 176

Mashavele v S (A30/2017)

Mashavele v S (A30/2017) [2017] ZAGPJHC 176 (7 June 2017)

High Court appeal against sentence for motor vehicle theft. The court found 10 years imprisonment shockingly inappropriate and substituted 7 years, with 2 years suspended.

  • Motor Vehicle Theft
  • Sentencing Principles
  • Mitigating And Aggravating Factors
  • Correctional Supervision
  • Firearms Disqualification
  • Motor-vehicle-theft
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Criminal Law [2016] ZAGPPHC 1089

Gouws v S (SH1/117/2014)

Gouws v S (SH1/117/2014) [2016] ZAGPPHC 1089 (13 December 2016)

The High Court set aside a duplicative conspiracy conviction and replaced a harsh attempted-robbery sentence with imprisonment under section 276(1)(i).

  • Duplication Of Convictions
  • Sentencing Principles
  • Correctional Supervision
  • Attempted Robbery
  • Conspiracy
  • Firearms Disqualification
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Criminal Law [2016] ZAGPPHC 868

Msiya v S (A850/2015)

Msiya v S (A850/2015) [2016] ZAGPPHC 868 (23 September 2016)

High Court appeal against a rape conviction and life sentence was dismissed. The court found the complainant credible, corroborated, and the minimum sentence justified.

  • Rape
  • Minimum Sentences
  • Child Witness Evidence
  • Firearms Disqualification
  • Minimum-sentences
  • Child-witness-evidence
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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.