South Africa Case Law

S v T.M (SS059/2024)

S v T.M (SS059/2024) [2025] ZAGPJHC 345 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

SS059/2024

Judge

Dosio

The court found that the State proved beyond reasonable doubt that the accused, acting with another, broke into the deceased's house, assaulted him with a blunt object, and stole a TV, laptop, cell phone, and coins. The accused was placed in possession of the stolen items by credible witnesses, and video footage corroborated his presence at the scene. The accused's version was rejected as false and not reasonably possibly true, as it was contradicted by multiple witnesses and lacked logical coherence. The medical evidence established that the deceased died from blunt force trauma inflicted du…

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• Murder
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Common Purpose
• Minimum Sentencing
• Causation

S v Rankali and Others (KS 3/2019)

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

Court

Northern Cape High Court, Kimberley

Case number

KS 3/2019

Judge

Lever

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

S v Lefiri (SS056/2023)

S v Lefiri (SS056/2023) [2024] ZAGPJHC 970 (26 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS 056/2023

Judge

Coertse CJ AJ

The High Court convicted the accused of housebreaking with intent to rob and robbery with aggravating circumstances, relying on fingerprint and circumstantial evidence.

• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Murder
• Fingerprint Evidence
• Circumstantial Evidence
• Criminal-law

Hoyi and Others v S (20/22)

Hoyi and Others v S (20/22) [2023] ZAECMKHC 80 (30 June 2023)

Court

Eastern Cape High Court, Makhanda

Case number

20/22

Judges

Cengani-Mbakaza, T V Norman

The court found that, excluding the inadmissible confession of the deceased erstwhile accused 4, the remaining evidence—comprising eyewitness identification, fingerprint analysis, possession of stolen goods, and forensic ballistic links—proved the guilt of all appellants beyond reasonable doubt. The trial court correctly applied cautionary rules for single witness and identification evidence, and the appellants' versions were found to be contradictory and improbable. The sentences imposed, including life imprisonment for murder and minimum sentences for robbery and firearm offences, were just…

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• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Murder
• Possession Of Unlicensed Firearm
• Admissibility Of Confessions
• Minimum Sentencing

Ramalefeng v S (A46/2021)

Ramalefeng v S (A46/2021) [2023] ZAMPMHC 19 (26 May 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A46/2021

Judges

Mankge, Langa

The High Court dismissed a criminal appeal against convictions for rape, kidnapping, assault and housebreaking, and upheld the life sentence.

• Rape
• Kidnapping
• Housebreaking With Intent To Rob
• Assault With Intent To Do Grievous Bodily Harm
• Minimum Sentences
• Dna Evidence

Mtshweni v S (A69/2019)

Mtshweni v S (A69/2019) [2023] ZAMPMHC 11 (17 April 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A69/2019

Judges

Mtimunye, Langa

Appeal against convictions and sentence in a murder and robbery case. Murder conviction and life sentence were confirmed, but the robbery sentence was replaced with 20 years.

• Murder
• Minimum Sentencing
• Single Witness Evidence
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Possession Of Firearm Without License

S v Mnweba and Another (SS 100/2021)

S v Mnweba and Another (SS 100/2021) [2022] ZAGPJHC 740 (16 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS 100/2021

Judge

Mdalana-Mayisela

The court found that the State proved beyond reasonable doubt that both accused were the perpetrators of the housebreaking, robbery, and sexual offences at the deceased's house. The evidence of the ring and laptop, corroborated by witness testimony and admissions, established the identity of accused 1. The doctrine of recent possession applied to the laptop found in accused 1's shack. The confessions made to Y and T were accepted as voluntary and credible. However, the court found that the requirements for common purpose in relation to the murder charge against accused 1 were not met, as ther…

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• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Sexual Offences
• Murder
• Common Purpose
• Recent Possession

Matlhong and Another v S (A796/2015)

Matlhong and Another v S (A796/2015) [2022] ZAGPPHC 222 (24 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

A796/2015

Judges

S.S. Madiba, V.V. Tlhapi

The High Court dismissed the first appellant’s appeal, upholding his conviction and sentence, but set aside the second appellant’s conviction and sentence.

• Murder
• Minimum Sentencing
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Circumstantial Evidence
• Appeal Procedure

S v Khumalo and Another (Sentence) (SS 031/2021)

S v Khumalo and Another (Sentence) (SS 031/2021) [2022] ZAGPJHC 167 (16 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS 031/2021

Judge

N.L Moila

The court found that the crimes committed by both accused were extremely serious, involving a brutal home invasion, murder, rape of a minor, and robbery with aggravating circumstances. The impact on the victims and their family was severe and lasting. The court considered the personal circumstances of both accused but found that these did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The aggravating factors, including the planning of the robbery, use of weapons, and the failure to use a condom during the rape, outweighed any…

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• Murder
• Rape Of Minor
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Sexual Offences Register

Sphuhle and Another v S (A233/21)

Sphuhle and Another v S (A233/21) [2022] ZAWCHC 5; 2023 (1) SACR 280 (WCC) (4 February 2022)

Court

Western Cape High Court, Cape Town

Case number

A233/21

Judges

DM Thulare, CM Fortuin

The court found that the convictions on three separate charges—housebreaking with intent to commit a crime unknown to the State, assault with intent to do grievous bodily harm, and robbery with aggravating circumstances—constituted an improper duplication. The facts established that the housebreaking was with the intent to rob, and the robbery was facilitated by the housebreaking, forming a single continuous transaction with a unified intent. The conviction on assault was a duplication of the robbery charge and should be set aside. The court held that only a single composite conviction for ho…

Source excerpt

• Duplication Of Convictions
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Minimum Sentences
• Common Purpose
• Sentencing Principles