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South Africa decisions
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Liremi v S (Appeal) (HCA11/2024) [2025] ZALMPTHC 9 (25 April 2025)
The High Court dismissed an appeal against conviction and sentence for murder, finding the plea, premeditation, and minimum-sentence issues were properly addressed.
S v Mabita (CC66/2023) [2024] ZAGPPHC 739 (1 August 2024)
The High Court convicted Chris Mabita of murder after accepting his Section 112(2) guilty plea as covering all elements of the offence.
S v Ntanzi and Others (DR15/2024; DR14/2024; DR13/2024; DR16/2024; DR12/2024) [2024] ZAKZPHC 56; 2024 (2) SACR 403 (KZP) (1 July 2024)
The High Court set aside five guilty-plea convictions for unlawful road-based public transport and remitted the matters because the magistrate failed to properly question the accused.
Matsikeni v S (A100/2023) [2024] ZAGPPHC 404 (15 April 2024)
The High Court refused a sentence appeal in a murder case, holding that the magistrate did not misdirect herself by considering the pre-sentence report.
S v Nthama (HC 12 /2023) [2023] ZANWHC 202 (1 November 2023)
The High Court reviewed and set aside a housebreaking conviction after finding the accused’s guilty-plea statement did not admit all elements of the offence.
Nkosi v S (A26/2022) [2022] ZAGPPHC 563 (8 August 2022)
Appeal against sentence in a murder case upheld. The High Court found youthfulness and other personal circumstances justified departing from the minimum life sentence.
Ndlela and Others v S (SH187/2018; AR252/2019) [2020] ZAKZPHC 27 (16 June 2020)
The court held that the facts admitted by the appellants in their s 112(2) statements established all elements of public violence: unlawful assembly, common intent, and conduct of serious dimensions that invaded the rights of others and disturbed public peace. The absence of physical violence does not preclude conviction where force or invasion of rights is present. The court found that the trial court's reliance solely on the statements was proper under s 112(2) of the Criminal Procedure Act. Regarding sentence, the court determined that the sentences imposed were disproportionate given the…
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Mahlangu v S (A364/2016) [2017] ZAGPPHC 525 (18 August 2017)
Criminal appeal against a rape conviction based on a guilty plea and section 112(2) statement. The High Court dismissed the appeal and refused further evidence.
Lesele v S (CA15/2016) [2017] ZANWHC 6 (9 February 2017)
The court found that the sentence of life imprisonment was appropriate given the seriousness of the offence, the age and vulnerability of the complainant, and the relationship between the appellant and the victim. The appellant's guilty plea did not amount to genuine remorse, as he failed to disclose the full circumstances of the offence and only pleaded guilty in the face of overwhelming evidence, including DNA results. The trial court properly considered both mitigating and aggravating factors, and there was no irregularity or sense of shock induced by the sentence. The appeal against sente…
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Dube v S (A532/15) [2016] ZAGPPHC 302 (29 April 2016)
The court found that the appellant's guilty plea was valid and voluntary, as he admitted all the essential elements of the offence, including lack of consent, both in his plea statement and in open court. The alleged irregularity regarding the appellant's understanding of the charge did not result in a failure of justice, as the evidence unaffected by the alleged irregularity proved guilt beyond reasonable doubt. The appellant abused a position of trust as the complainant's step-father, and the offence was planned and had a severe impact on the complainant. The personal circumstances of the a…
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