South Africa Case Law

Mabela v S (Appeal) (A15/2024)

Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)

Court

Limpopo High Court, Polokwane

Case number

A15/2024

Judges

Kganyago, Diamond

The court found that the appellant had inflicted grievous bodily harm on the complainant during the commission of rape, triggering the minimum sentence of life imprisonment under the Criminal Law Amendment Act. The appellant failed to demonstrate substantial and compelling circumstances warranting deviation from the prescribed sentence. His lack of remorse, refusal to accept responsibility, and the aggravating factors—including breach of trust, brutality, and the prevalence of such offences—outweighed any mitigating factors. The appellant’s personal circumstances, including his youth and stat…

Source excerpt

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Grievous Bodily Harm

K.C.N v S (A176/2023)

K.C.N v S (A176/2023) [2024] ZAFSHC 306 (1 October 2024)

Court

Free State High Court, Bloemfontein

Case number

A176/2023

Judges

NS Daniso, E Mahlangu

The High Court upheld a rape conviction based on the complainant’s evidence, but reduced the sentence from life imprisonment to 15 years because grievous bodily harm was not proved.

• Rape
• Minimum Sentencing
• Grievous Bodily Harm
• Criminal Law Amendment Act
• Single Witness Evidence
• Appeal Principles

Molokela v S (CA 53/2019)

Molokela v S (CA 53/2019) [2024] ZANWHC 115 (16 April 2024)

Court

North West High Court, Mafikeng

Case number

CA 53/2019

Judges

N G Laubscher, FMM Reid

The High Court dismissed an appeal against rape conviction and life sentence, finding the trial court correctly relied on admissions, medical evidence, and no substantial and compelling circumstances.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Legal Representation
• Appeal Principles
• Grievous Bodily Harm

Motubatse v S (CA 36/2017)

Motubatse v S (CA 36/2017) [2024] ZANWHC 22 (26 January 2024)

Court

North West High Court, Mafikeng

Case number

CA 36/2017

Judges

J T Djaje, H Scholtz

The High Court dismissed an appeal against rape conviction and life sentence, holding that identification was proved and no substantial and compelling circumstances justified departure from the minimum sentence.

• Rape
• Identification Evidence
• Minimum Sentencing
• Grievous Bodily Harm
• Previous Convictions
• Criminal-appeal

S v Nkosi (A19/2021)

S v Nkosi (A19/2021) [2023] ZAMPMHC 10 (24 March 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A19/2021

Judges

Mtimunye, Langa

The High Court dismissed an appeal against a rape conviction and life sentence, finding one continuous rape was proved and serious injuries justified minimum sentencing.

• Rape
• Minimum Sentencing
• Grievous Bodily Harm
• Appeal Procedure
• Substantial And Compelling Circumstances
• Minimum-sentencing

Xaba v S (CA78/2019)

Xaba v S (CA78/2019) [2022] ZANWHC 18 (3 May 2022)

Court

North West High Court, Mafikeng

Case number

CA78/2019

Judges

Hendricks, Petersen

Appeal against sentence in a rape matter. The High Court found a material sentencing misdirection and replaced life imprisonment with 30 years.

• Rape
• Minimum Sentences
• Condonation
• Grievous Bodily Harm
• Sentencing Discretion
• Appeal Procedure

Masina v S (A23/2020)

Masina v S (A23/2020) [2021] ZAMPMHC 34 (13 December 2021)

Court

Middelburg High Court, Mpumalanga

Case number

A23/2020

Judges

Ratshibvumo, Mphahlele

The appeal court found no misdirection in the trial court's rejection of the appellant's version regarding the events of the night in question. The evidence established that the complainant was assaulted and held against her will, negating any claim of consensual intercourse. However, the injuries sustained by the complainant, as reflected in the J88 report (swollen lips and reddish eyes), did not meet the threshold for grievous bodily harm as contemplated by section 51(1) of the Criminal Law Amendment Act. The trial court erred in imposing a sentence of life imprisonment based on this findin…

Source excerpt

• Rape
• Kidnapping
• Minimum Sentencing
• Grievous Bodily Harm
• Globular Sentence
• Consent In Sexual Offences

M.T.S v S (A182/20)

M.T.S v S (A182/20) [2021] ZAGPPHC 429 (29 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

A182/20

Judges

M J Teffo, P D Phahlane

The High Court upheld a rape conviction appeal in part, finding the first count was one continuous act and the second count did not involve grievous bodily harm.

• Rape
• Minimum Sentencing
• Single Witness Evidence
• Grievous Bodily Harm
• Credibility Assessment
• Minimum-sentencing

Sishwili v S (AR160/2020)

Sishwili v S (AR160/2020) [2021] ZAKZPHC 2 (22 January 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR160/2020

Judges

Marks, Kruger

The High Court upheld an appeal against sentence for rape and reduced a 15-year term to 10 years after finding the trial court misdirected itself on grievous bodily harm.

• Rape
• Minimum Sentences
• Grievous Bodily Harm
• Sentencing Misdirection
• Superior Courts Act
• Minimum-sentences

Nofemele v S (CA&R 169/18)

Nofemele v S (CA&R 169/18) [2019] ZAECGHC 46 (12 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 169/18

Judges

S Rugunanan, G H Bloem

Criminal appeal on kidnapping and rape. The High Court confirmed the convictions, set aside the life sentence for rape, and imposed 10 years' imprisonment.

• Rape
• Kidnapping
• Grievous Bodily Harm
• Mandatory Minimum Sentences
• Mitigation Of Sentence
• Criminal-appeal