South Africa Case Law

C.V.D.M v S (Appeal) (A180/2023)

C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A180/2023

Judges

M Pangarker, V C Saldanha

The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…

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• Rape
• Attempted Murder
• Gender Based Violence
• Minimum Sentencing
• Remorse
• Victim Impact

B.B v S (Appeal) (A95/2025)

B.B v S (Appeal) (A95/2025) [2025] ZAWCHC 270 (25 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A95/2025

Judges

Pangarker, Sher

The appeal court found that the Regional Magistrate had properly considered all relevant factors, including the appellant's personal circumstances, previous conviction, the interests of the community, and the prevalence of gender-based violence. The court held that the brutality and sustained nature of the assault, the lack of genuine remorse, and the seriousness of the offence outweighed any mitigating factors. No substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 20 years' direct imprisonment for a second offender convicted of murder. The…

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• Minimum Sentencing
• Intimate Femicide
• Remorse
• Gender Based Violence
• Appeal Against Sentence
• Culpable Homicide Vs Murder

Zikhali v S (AR171/2024)

Zikhali v S (AR171/2024) [2025] ZAKZPHC 51 (23 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR171/2024

Judges

Mossop, Chetty

The High Court dismissed an appeal against conviction for murder, but reduced a life sentence to 20 years after finding no proof of premeditation.

• Murder
• Alibi Defence
• Minimum Sentencing
• Premeditation
• Gender Based Violence
• Alibi-defence

S v Prinsloo (Sentence) (CC10/2024)

S v Prinsloo (Sentence) (CC10/2024) [2025] ZAGPPHC 327 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC10/2024

Judge

Munzhelele

The High Court sentenced Paul Philippus Prinsloo to effective 25 years for two premeditated murders, finding substantial and compelling circumstances to depart from life imprisonment.

• Premeditated Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Gender Based Violence
• Premeditated-murder

Malambe v S (Bail Appeal) (BA 02/25)

Malambe v S (Bail Appeal) (BA 02/25) [2025] ZAMPMBHC 7 (4 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

BA 02/25

Judge

Mangena

The court found that the appellant failed to establish exceptional circumstances justifying his release on bail for Schedule 6 offences. The magistrate correctly considered all relevant factors, including the seriousness of the offence, the appellant's relationship with witnesses, the likelihood of interference, and the prevalence of gender-based violence. The appellant's affidavit did not adequately address the circumstances of the offence or the possession of the unlicensed firearm. The risk of evasion and undermining the administration of justice outweighed the appellant's personal circums…

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• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Gender Based Violence
• Presumption Of Innocence

Emmanuel v S (A84/2022)

Emmanuel v S (A84/2022) [2025] ZAGPJHC 76 (31 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A84/2022

Judges

Ismail, Yacoob, Strydom

The High Court dismissed a criminal appeal against convictions for murder and defeating the ends of justice, and upheld the sentence imposed.

• Murder
• Accomplice Evidence
• Common Purpose
• Alibi
• Sentencing Guidelines
• Gender Based Violence

S v Manyathi (CC 70/2024)

S v Manyathi (CC 70/2024) [2025] ZAECMKHC 5; 2025 (1) SACR 446 (ECMk) (24 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CC 70/2024

Judge

Govindjee

Sentencing for attempted murder and murder arising from intimate partner violence, with alcohol as a major factor; court imposed an effective 28-year sentence.

• Murder
• Attempted Murder
• Gender Based Violence
• Sentencing Minimums
• Intimate Partner Violence
• Alcohol Influence

S v Kekana (CC48/2023)

S v Kekana (CC48/2023) [2024] ZAGPPHC 1223 (27 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC48/2023

Judge

Mosopa

The High Court sentenced Ngagalela Kekana to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.

• Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Gender Based Violence
• Intimate Partner Violence
• Minimum-sentencing

S v Bamberg (Sentence) (K/S 01/2024)

S v Bamberg (Sentence) (K/S 01/2024) [2024] ZANCHC 127 (13 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

K/S01/2024

Judge

Mamosebo

The court found that the murder was committed in a domestic relationship and constituted gender-based violence. The accused showed no remorse and offered no credible explanation for his actions. The aggravating circumstances, including the brutality of the murder, the impact on the victim's family, and the prevalence of gender-based violence, far outweighed any mitigating factors such as the accused's age or employment history. The court held that there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment under s51(1)…

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• Murder
• Minimum Sentencing
• Gender Based Violence
• Domestic Violence
• Substantial And Compelling Circumstances

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22)

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (04856/22) [2024] ZAGPPHC 961; 2025 (1) SACR 36 (GP) (30 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

04856/22

Judge

Baqwa

The High Court held that key sexual offences provisions are unconstitutional to the extent that they allow a subjective belief in consent without objectively reasonable steps.

• Sexual Offences Amendment Act
• Consent In Sexual Offences
• Bill Of Rights Limitation
• Gender Based Violence
• Objective Vs Subjective Fault
• International Human Rights Obligations