South Africa Case Law

S v Mosholodi and Another (K/S30/16)

S v Mosholodi and Another (K/S30/16) [2017] ZANCHC 29 (20 March 2017)

Court

Northern Cape High Court, Kimberley

Case number

K/S30/16

Judge

Lever

The court found that both accused acted in concert to rob and murder the deceased, satisfying the requirements for common purpose liability. The evidence, including eyewitness testimony, formal admissions, and objective forensic findings, established beyond reasonable doubt that both accused performed acts of association and intended to kill the deceased. The number and nature of stab wounds, corroborated by medical evidence, demonstrated direct intent to kill. The accused's explanations were rejected as inherently improbable and inconsistent with the objective facts and corroborated witness…

Source excerpt

• Robbery With Aggravating Circumstances
• Murder
• Common Purpose
• Minimum Sentence Act
• Mens Rea
• Formal Admissions

Seboko v S (A36/2011)

Seboko v S (A36/2011) [2012] ZAFSHC 100 (21 May 2012)

Court

Free State High Court, Bloemfontein

Case number

A36/2011

Judges

Van Zyl, R, Mathebula, WND R

The High Court upheld an appeal against sentence, finding misdirection on minimum sentencing and an irregular sentencing procedure, and imposed reduced concurrent terms.

• Sentencing
• Minimum Sentences
• Formal Admissions
• Onus Of Proof
• Firearms Control
• Appeal Procedure

Van der Westhuizen v S (266/10)

Van der Westhuizen v S (266/10) [2011] ZASCA 36; 2011 (2) SACR 26 (SCA) (28 March 2011)

Court

Supreme Court of Appeal

Case number

266/10

Judges

Cloete, Snyders, Theron

The Supreme Court of Appeal upheld a murder conviction and 24-year effective sentence after rejecting fair-trial, criminal-capacity, and section 220 admission challenges.

• Criminal Capacity
• Diminished Responsibility
• Formal Admissions
• Fair Trial Rights
• Plea Bargain Procedure
• Sentencing Principles