South Africa Case Law

S v Amobi and Others (CC50/2020)

S v Amobi and Others (CC50/2020) [2025] ZAGPPHC 579 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC50/2020

Judge

Mosopa

The court applied section 174 of the Criminal Procedure Act, considering whether there was evidence upon which a reasonable court might convict each accused on the respective counts. The State conceded discharge on counts where no evidence was led. For the remaining counts, the court assessed the quality and reliability of the evidence, including the credibility of witnesses and the extent to which the accused were implicated. The court found that, for certain counts, the evidence was insufficient and ordered discharge, while for other counts, there was prima facie evidence requiring the accu…

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• Section 174 Criminal Procedure Act
• Human Trafficking
• Rape
• Drug Trafficking
• Assault With Intent To Do Grievous Bodily Harm
• Immigration Offences

S v Ayuk and Others (Sentence) (CC46/2019)

S v Ayuk and Others (Sentence) (CC46/2019) [2024] ZAWCHC 395 (15 November 2024)

Court

Western Cape High Court, Cape Town

Case number

CC46/2019

Judge

A De Wet

The court found that accused 1 was the principal operator of a human trafficking enterprise, luring vulnerable victims under false pretenses, subjecting them to captivity, drug addiction, and severe physical and psychological abuse. The offences were aggravated by the involvement of children and the lasting impact on victims. No substantial and compelling circumstances were found for accused 1 to deviate from the prescribed minimum sentences; his sentences were ordered to run concurrently to recognize time spent awaiting trial. For accused 2, the court found substantial and compelling circums…

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• Human Trafficking
• Sentencing Minimums
• Best Interests Of Children
• Assault With Intent To Do Grievous Bodily Harm
• Drug Dealing
• Living Off Earnings Of Prostitution

S v Maaga (CC72/2023)

S v Maaga (CC72/2023) [2024] ZAGPPHC 1377 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC72/2023

Judge

M Munzhelele

High Court sentencing judgment imposing life imprisonment and related terms for trafficking, robbery, extortion, and firearms-related offences.

• Human Trafficking
• Minimum Sentencing
• Robbery With Aggravating Circumstances
• Victim Impact Statements
• Firearms Control
• Sentencing Triage

S v Okeke and Another

S v Okeke and Another [2023] ZAGPPHC 110; A173/2020 (23 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

A173/2020

Judges

E van der Schyff, J S Nyathi

High Court appeal against trafficking and brothel-keeping convictions and a life sentence dismissed; the court upheld the single-witness evidence and minimum sentence.

• Human Trafficking
• Minimum Sentences
• Credibility Of Single Witness
• Substance Abuse Exploitation
• Sentencing Discretion
• Human-trafficking

Bangi v S (A103 / 2021;SHF / 64/2017)

Bangi v S (A103 / 2021;SHF / 64/2017) [2022] ZAWCHC 220; 2023 (1) SACR 298 (WCC) (2 November 2022)

Court

Western Cape High Court, Cape Town

Case number

A103 / 2021

Judges

Fortuin, Wille

Appeal against sentence for human trafficking of a minor for sexual exploitation dismissed; the High Court confirmed the conviction and 12-year sentence.

• Human Trafficking
• Minimum Sentencing
• Mitigating Factors
• Cultural Defence
• Primary Caregiver
• Restorative Justice

Cheba and Others v Minister of Police and Others (520/2018)

Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)

Court

Limpopo High Court, Polokwane

Case number

520/2018

Judge

D Nair

Ethiopian applicants sought release from safe care and asylum permits, but the High Court held their detention should proceed under trafficking legislation, with compliance directives.

• Human Trafficking
• Asylum Seekers
• Detention Without Trial
• Visitor Visa
• Constitutional Rights
• Refugee Status

Palan v S (10571/2013)

Palan v S (10571/2013) [2013] ZAKZDHC 60 (28 October 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

10571/2013

Judge

Gorven

Bail appeal in a trafficking case dismissed after the court found no exceptional circumstances and no basis to interfere with the magistrate’s refusal of bail.

• Bail Application
• Exceptional Circumstances
• Human Trafficking
• Criminal Procedure Act
• Flight Risk
• Bail-application