South Africa Case Law

Matona v S (CA16/2024)

Matona v S (CA16/2024) [2025] ZANWHC 59 (27 March 2025)

Court

North West High Court, Mafikeng

Case number

CA16/2024

Judges

DJAJE, WESSELS

The court found that the appellant's personal circumstances, including age, family responsibilities, lack of previous convictions, and low income, are not unique and do not amount to substantial and compelling reasons to justify deviation from the prescribed minimum sentence of life imprisonment for murder. The aggravating factors, including the brutal and sustained nature of the assault, lack of remorse, and illegal presence in South Africa, outweighed any mitigating circumstances. The court also granted condonation for the late filing of the notice of appeal, finding that the delay was attr…

Source excerpt

• Murder
• Minimum Sentencing
• Condonation
• Common Purpose
• Immigration Offence

S v Leema (SS 98/2022)

S v Leema (SS 98/2022) [2023] ZAGPJHC 1415 (5 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS 98/2022

Judge

Britz

The High Court convicted the accused on murder, robbery, firearm, ammunition and immigration charges after accepting witness evidence, hearsay, and a confession.

• Murder
• Robbery With Aggravating Circumstances
• Possession Of Prohibited Firearm
• Unlawful Possession Of Ammunition
• Immigration Offence
• Common Purpose

Mangengwa v S (A5/2023)

Mangengwa v S (A5/2023) [2023] ZAGPPHC 1900 (8 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A5/2023

Judges

Retief, N Ntlama-Makhanya

The High Court dismissed an appeal against a conviction for premeditated murder and life sentence, finding the State’s evidence credible and the sentence justified.

• Premeditated Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Identity Of Accused
• Onus Of Proof
• Immigration Offence

S v Ndlovu (483/02)

S v Ndlovu (483/02) [2008] ZAGPHC 117 (19 March 2008)

Court

High Courts - Gauteng

Case number

483/02

Judges

H Saldulker, P A Meyer

High Court review of guilty pleas and sentence in theft and immigration charges; convictions were confirmed and the suspended sentence wording was amended.

• Guilty Plea Procedure
• Sentence Amendment
• Theft
• Immigration Offence
• Guilty-pleas
• Sentence-amendment