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South Africa Case Law

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Criminal Law [2025] ZAWCHC 265

V.N and Another v S (Appeal) (A21/2025)

V.N and Another v S (Appeal) (A21/2025) [2025] ZAWCHC 265 (23 June 2025)

Appeal court partly upheld an appeal from rape, robbery and housebreaking convictions, reducing some convictions to theft and robbery without aggravating circumstances.

  • Rape
  • Robbery
  • Housebreaking
  • Aggravating Circumstances
  • Compelling Children To Witness Sexual Offences
  • Minimum Sentences
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Criminal Law [2025] ZALMPPHC 116

Modime v S (Appeal) (AA10/2023)

Modime v S (Appeal) (AA10/2023) [2025] ZALMPPHC 116 (17 June 2025)

The High Court partly upheld Philip Modime’s appeal, setting aside the housebreaking conviction but confirming murder and robbery convictions and concurrent sentencing.

  • Accomplice Evidence
  • Common Purpose
  • Hearsay Admissibility
  • Murder
  • Robbery With Aggravating Circumstances
  • Housebreaking
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Criminal Law [2025] ZAECMKHC 27

Cetyiwe v S (CA&R 148/2024)

Cetyiwe v S (CA&R 148/2024) [2025] ZAECMKHC 27 (25 March 2025)

The High Court partly upheld an appeal against criminal convictions, setting aside counts 1, 3 and 4, but confirming the theft conviction on count 2.

  • Theft
  • Housebreaking
  • Essential Infrastructure
  • Circumstantial Evidence
  • Possession Of Implements
  • Appeal On Conviction
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Criminal Law [2025] ZAGPPHC 312

S v Maruma (CC5/24)

S v Maruma (CC5/24) [2025] ZAGPPHC 312 (24 March 2025)

The court convicted the accused on multiple rape, robbery, housebreaking, theft and sexual assault counts, relying on DNA, fingerprints and identification evidence.

  • Rape
  • Sexual Offences And Related Matters Amendment Act
  • Housebreaking
  • Robbery With Aggravating Circumstances
  • Dna Evidence
  • Identification Parade
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Criminal Law [2025] ZANCHC 6

S v Rankali and Others (KS 3/2019)

S v Rankali and Others (KS 3/2019) [2025] ZANCHC 6 (28 January 2025)

The High Court convicted several accused for robbery-related crimes arising from a farm attack, relying on circumstantial evidence, admissions, and cellphone records.

  • Housebreaking With Intent To Rob
  • Robbery With Aggravating Circumstances
  • Sexual Assault
  • Murder
  • Unlawful Possession Of Firearm
  • Theft
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Criminal Law [2024] ZAKZPHC 86

S v Ngcobo (CC49/2024P)

S v Ngcobo (CC49/2024P) [2024] ZAKZPHC 86 (10 October 2024)

The court found that the accused's early confession, consistent guilty plea, and willingness to assist the State demonstrated genuine remorse, which constituted a substantial and compelling circumstance justifying a departure from the prescribed minimum sentence for murder. The court considered the accused's personal circumstances, criminal record, and the gravity of the offences, including the brutal murder of a vulnerable elderly victim. The court emphasized the need for sentences to reflect the seriousness of the crimes and societal expectations, but also recognized the importance of not i…

  • Sentencing
  • Minimum Sentences
  • Remorse
  • Housebreaking
  • Robbery With Aggravating Circumstances
  • Murder
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Criminal Law [2024] ZANWHC 123

Phukuntsi v S (CA42/2019; RC4/2019)

Phukuntsi v S (CA42/2019; RC4/2019) [2024] ZANWHC 123 (25 April 2024)

The High Court dismissed an appeal against convictions for housebreaking and rape, finding the identification evidence reliable and the trial court's findings unimpeached.

  • Identification Evidence
  • Rape
  • Housebreaking
  • Appeal Procedure
  • Minimum Sentence Legislation
  • Criminal-appeal
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Criminal Law [2024] ZAGPJHC 310

S v Manecotshwa (SS13-2022)

S v Manecotshwa (SS13-2022) [2024] ZAGPJHC 310 (25 March 2024)

The High Court convicted the accused on all counts after finding the forensic and identification evidence proved housebreaking, rape, attempted rape, and robbery.

  • Rape
  • Housebreaking
  • Attempted Murder
  • Robbery With Aggravating Circumstances
  • Dna Evidence
  • Identification Evidence
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Criminal Law [2024] ZAWCHC 67

S v Maphenya (296/2023)

S v Maphenya (296/2023) [2024] ZAWCHC 67 (26 February 2024)

The accused admitted to entering an open house and stealing items but did not admit to breaking into the premises or displacing any object to gain entry. Therefore, the elements of housebreaking were not satisfied. The conviction for housebreaking with intent to steal and theft was incorrect and must be set aside. However, the admissions fully satisfied the elements of theft, warranting a conviction for theft. The sentence imposed by the magistrate was appropriate given the accused's extensive history of similar offences, lack of rehabilitation, and the aggravating circumstances of the offenc…

  • Housebreaking
  • Theft
  • Sentencing Principles
  • Recidivism
  • Section 112 1 B Plea
  • Firearms Control Act
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Criminal Law [2024] ZANCHC 25

S v Baster (Sentence) (K/S29/2023)

S v Baster (Sentence) (K/S29/2023) [2024] ZANCHC 25 (16 February 2024)

After conviction for murder and housebreaking, the High Court imposed 20 years’ imprisonment for murder and 2 years for housebreaking, concurrent, and declared the accused unfit to possess a firearm.

  • Murder
  • Housebreaking
  • Minimum Sentencing
  • Domestic Violence
  • Gender Based Violence
  • Substantial And Compelling Circumstances
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.