South Africa Case Law

S v Hofmeester and Another (Sentence) (CC25/2020)

S v Hofmeester and Another (Sentence) (CC25/2020) [2025] ZAWCHC 278 (17 June 2025)

Court

Western Cape High Court, Cape Town

Case number

CC25/2020

Judge

Holderness

The court found that the murder of the five-year-old victim was senseless, brutal, and committed in furtherance of a common purpose by gang-affiliated accused using unlicensed firearms. The accused did not demonstrate genuine remorse, continued to mislead the court, and failed to accept responsibility. Their personal circumstances, including pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The interests of society, the severity of the offences, and the devastating impact on the vi…

Source excerpt

• Murder
• Minimum Sentences
• Gang Related Offences
• Child Victim
• Sentencing Principles
• Remorse And Mitigation

S v Basson and Another (Sentence) (CC67/2020)

S v Basson and Another (Sentence) (CC67/2020) [2025] ZAWCHC 194 (30 April 2025)

Court

Western Cape High Court, Cape Town

Case number

CC67/2020

Judge

Da Silva Salie

Sentencing judgment for the murder of a seven-year-old child and related offences, resulting in an effective 35 years’ direct imprisonment.

• Minimum Sentencing
• Murder
• Attempted Murder
• Firearms Control Act
• Gang Related Offences
• Minimum-sentencing

S v Basson and Another (CC 67/2020)

S v Basson and Another (CC 67/2020) [2025] ZAWCHC 31 (10 February 2025)

Court

Western Cape High Court, Cape Town

Case number

CC 67/2020

Judge

Da Silva Salie

The High Court convicted two accused of murder, attempted murder, illegal firearm possession and ammunition possession after a gang-related shooting killed a child.

• Murder
• Attempted Murder
• Identification Evidence
• Common Purpose
• Firearms Control Act
• Gang Related Offences

Khesa and Others v S (Appeal) (CA49/2021)

Khesa and Others v S (Appeal) (CA49/2021) [2024] ZANWHC 288 (22 November 2024)

Court

North West High Court, Mafikeng

Case number

CA49/2021

Judges

Dibetso-Bodibe, M.E Mmolawa

The appeal was dismissed because the trial court correctly relied on the evidence of a single witness, Motete, whose testimony was found credible and corroborated by other evidence. The doctrine of common purpose was properly applied, as the evidence showed active association and participation by all accused in the joint criminal enterprise. The trial court considered the period spent in custody awaiting trial but found that aggravating circumstances outweighed mitigating factors. The sentences imposed were in accordance with statutory minimums and were proportionate to the offences committed…

Source excerpt

• Single Witness Evidence
• Common Purpose
• Minimum Sentencing
• Gang Related Offences
• Credibility Of Witnesses

Canterbury and Another v S (A246/2023)

Canterbury and Another v S (A246/2023) [2024] ZAWCHC 188 (22 July 2024)

Court

Western Cape High Court, Cape Town

Case number

A246/2023

Judges

Lekhuleni J, Saldanha V

High Court appeal against conviction and sentence from Parow Regional Court. First appellant’s convictions for murder, attempted murder and firearm offences were upheld; second appellant’s convictions were set aside.

• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Gang Related Offences
• Admission Of Hearsay Evidence

S v Wentzel and Another (CC 23/2021)

S v Wentzel and Another (CC 23/2021) [2024] ZAECQBHC 16 (7 March 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

CC 23/2021

Judge

Gqamana

The court convicted both accused of murder, attempted murder, and firearm and ammunition possession, but acquitted them on POCA gang-related counts.

• Identification Evidence
• Alibi Defence
• Common Purpose
• Gang Related Offences
• Unlawful Possession Of Firearm
• Attempted Murder

S v Felix and Another (CC 18/2023)

S v Felix and Another (CC 18/2023) [2024] ZAECQBHC 89 (29 February 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

CC 18/2023

Judge

M Makaula

The High Court discharged two accused after finding the State’s sole identification witness unreliable in a section 174 application.

• Identification Evidence
• Section 174 Discharge
• Credibility Of Witnesses
• Gang Related Offences
• Circumstantial Evidence
• Section-174-discharge

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2023] ZAWCHC 168; 2023 (2) SACR 409 (WCC) (24 July 2023)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

Lekhuleni

The High Court granted witness-protection orders allowing an anxious, pregnant witness in a gang-related murder case to testify by CCTV in camera.

• Witness Protection
• Closed Circuit Testimony
• Fair Trial Rights
• Gang Related Offences
• Administration Of Justice
• Witness-protection

S v Davids (SS12/2019)

S v Davids (SS12/2019) [2022] ZAGPJHC 924 (17 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS12/2019

Judge

Strydom

The High Court dismissed Lloyd Jermaine Davids’ application for leave to appeal against conviction, finding no reasonable prospect of a different result.

• Leave To Appeal
• Factual Misdirection
• Alibi Evidence
• Dolus Eventualis
• Gang Related Offences
• Leave-to-appeal

Adams and Another v S (A135/2022; CC47/2021)

Adams and Another v S (A135/2022; CC47/2021) [2022] ZAWCHC 201 (17 October 2022)

Court

Western Cape High Court, Cape Town

Case number

A135/2022; CC47/2021

Judge

Thulare

Bail appeal dismissed where the High Court found no exceptional circumstances for release, given serious organised-crime allegations and witness testimony.

• Bail Application
• Exceptional Circumstances
• Organised Crime
• Gang Related Offences
• Section 204 Witnesses
• Intimidation