South Africa Case Law

Habana v S (92/2021)

Habana v S (92/2021) [2022] ZAECMKHC 51 (16 August 2022)

Court

Eastern Cape High Court, Makhanda

Case number

92/2021

Judges

R E Griffiths, Majiki

The court found that the magistrate misdirected herself in accepting the complainant's version without sufficient scrutiny and in applying the concept of grooming, which was not supported by the evidence. The relationship between the appellant and complainant did not reflect the power dynamics or prolonged inducement typical of grooming cases. The evidence indicated that the sexual acts were consensual, though the complainant was underage. Accordingly, the conviction for rape was set aside and substituted with a conviction for statutory rape under section 15(1)(a) of Act 32 of 2007. The court…

Source excerpt

• Sexual Offences And Related Matters Amendment Act
• Statutory Rape
• Consensual Sexual Penetration With Child
• Sentencing Principles
• Grooming
• Hiv Transmission

Mphanama v S (A576/2013)

Mphanama v S (A576/2013) [2014] ZAGPPHC 527 (25 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

A576/13

Judges

M J Mushasha, N V Khumalo

Appeal against rape convictions failed, but the High Court reduced four life sentences to 20 years each, finding substantial and compelling circumstances.

• Rape
• Minimum Sentencing
• Consent In Sexual Offences
• Grooming
• Mitigating Factors
• Sentencing Discretion