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South Africa decisions
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Kgatitswe v S (A42/2023) [2024] ZAGPJHC 620 (5 July 2024)
The High Court dismissed a criminal appeal against conviction for housebreaking with intent to rape and rape, finding the complainant credible and corroborated.
Hesi v S (CA&R 196/2023) [2024] ZAECMKHC 70 (20 June 2024)
The High Court dismissed an appeal against convictions for rape and housebreaking with intent to rape, and upheld life imprisonment. The theft appeal was not entertained.
S v Madinga - Sentence (30/2022) [2023] ZAECELLC 24 (15 September 2023)
The court found that the offences committed by Mr Madinga were extremely serious, involving multiple rapes over an extended period, use of weapons, threats, and victims who were young and vulnerable. The prescribed minimum sentences for rape, including life imprisonment, were applicable under the Criminal Law Amendment Act. The accused's personal circumstances, including his status as a first offender, youthfulness, and family responsibilities, were considered but found to be ordinary mitigating factors rather than substantial and compelling circumstances. The court rejected arguments that de…
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Hlalele v S (CA17/2021) [2022] ZANWHC 23 (14 July 2022)
The court found that the charge against the appellant was incorrectly formulated under the common law, which had been repealed by Act 32 of 2007. The conviction was amended to reflect the statutory offence. The Regional Magistrate materially misdirected himself by imposing a twenty-year sentence without citing or explaining the relevant statutory provisions, and by misapplying section 51(2) of the Criminal Law Amendment Act. The appellant, as a first offender, should have faced a minimum sentence of ten years' imprisonment under section 51(2)(b). The court granted condonation for the late fil…
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S v Teleke (15/2022) [2022] ZAECMKHC 40 (14 April 2022)
The court found that the complainant was raped and assaulted by an intruder who broke into her home. Although the complainant could not identify her attacker, circumstantial evidence, including the accused being found asleep in her bed with his pants and underwear down, supported the inference that Mr Teleke was the perpetrator. The accused's version was inconsistent, improbable, and contradicted by credible state witnesses. The defence of lack of criminal capacity due to intoxication was rejected, as the evidence showed the accused acted consciously and voluntarily, and none of the witnesses…
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Luthuli v S (AR106/2020) [2021] ZAKZPHC 8 (29 January 2021)
The conviction and sentence of the appellant rested solely on DNA evidence, which was specifically challenged by the defence. The State failed to establish a reliable chain of custody for both the complainant's and the appellant's DNA samples, with unexplained changes in seal numbers and missing testimony from key witnesses. Without reliable evidence that the samples tested were in fact taken from the complainant and the appellant, the results of the DNA comparison were rendered unreliable. The State did not prove beyond a reasonable doubt that the DNA sample from the complainant was that of…
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Sekoai v S (A139/2020) [2020] ZAGPPHC 771 (30 November 2020)
The High Court dismissed Trevor Sekoai’s appeal against convictions for housebreaking with intent to rape and rape of a child, and upheld the sentences.
Cele v S (AR383/18) [2020] ZAKZPHC 14 (14 May 2020)
The High Court dismissed an appeal against convictions for housebreaking with intent to rape and rape, and upheld a 20-year sentence for rape.
Lekeka v S (A139/2019) [2020] ZAFSHC 92; [2020] 3 All SA 485 (FB); 2021 (1) SACR 106 (FB) (13 May 2020)
The appeal succeeded in part. The court found that the appellant was wrongly convicted on a 'combined' count and should have been convicted on two separate counts: housebreaking with intent to rape and attempted rape. The evidence of the complainant and other child witnesses was credible and corroborated by physical and medical evidence. The appellant's version was rejected as improbable. The court held that the prescribed minimum sentence of life imprisonment does not apply to attempted rape under section 55 of Act 32 of 2007, as the Minimum Sentencing Act does not expressly provide for mini…
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Masilela v S (A36/2019) [2020] ZAGPPHC 171 (24 January 2020)
The High Court allowed a sentence appeal and reduced a 15-year sentence for housebreaking with intent to rape and attempted rape to 10 years.
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