South Africa Case Law

S v Khoza (Sentence) (CC46/2024)

S v Khoza (Sentence) (CC46/2024) [2025] ZAGPPHC 756 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC46/2024

Judge

Mosopa

The court found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence for murder under section 51(1) of Act 105 of 1997. The accused's personal circumstances, including his deprived upbringing, lack of formal education, and responsibilities towards dependants, were considered but did not outweigh the seriousness of the offences and his extensive criminal history. The accused committed the current offences while on parole, demonstrating a pattern of recidivism and disregard for the law. The court emphasized the need for deterrence and retribution…

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• Minimum Sentencing
• Murder
• Attempted Robbery
• Immigration Offences
• Possession Of Stolen Property
• Parole Violation

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

Anaye v Jaskolka and Others (133375/2023)

Anaye v Jaskolka and Others (133375/2023) [2025] ZAGPJHC 321 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

133375/2023

Judges

MMP Mdalana-Mayisela, T Bokako

The High Court reviewed and set aside a magistrates’ conviction for illegal immigration after finding the proceedings were not interpreted in Amharic.

• Fair Trial Rights
• Language Of Proceedings
• Review Of Magistrates Court
• Immigration Offences
• Fair-trial-rights
• Language-of-proceedings

Adane v Jaskolka and Others (006387/2024)

Adane v Jaskolka and Others (006387/2024) [2024] ZAGPJHC 862 (12 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006387/2024

Judges

MDALANA-MAYISELA, DOSIO

The High Court found that the applicant was not afforded a fair trial as required by section 35(3) of the Constitution and relevant statutory provisions. The absence of an Amharic interpreter meant the applicant could not understand the proceedings or the charge against him. The Magistrate's Court failed to confirm the applicant's understanding of the plea and the implications of pleading guilty, despite the seriousness of the charge and the sentence imposed. The legal representative was not conversant in Amharic, and the interpreter present was unable to facilitate effective communication. T…

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• Right To Fair Trial
• Language Rights In Criminal Procedure
• Interpretation Services
• Section 112 Plea
• Immigration Offences

S v Jonas and Others (REV17/2023;18/202319/2023;20/2023)

S v Jonas and Others (REV17/2023;18/202319/2023;20/2023) [2023] ZALMPPHC 18 (13 April 2023)

Court

Limpopo High Court, Polokwane

Case number

REV17/2023;18/202319/2023;20/2023

Judges

M.G Phatudi, M. Naude-Odendal

The High Court set aside a magistrate’s order striking criminal cases off the roll for lack of S.212 affidavits in immigration charges.

• Criminal Procedure Act Review
• Immigration Offences
• Prima Facie Evidence
• Striking Off The Roll
• Magistrates Court Powers
• Criminal-procedure-review

S v Billa (20/2022)

S v Billa (20/2022) [2022] ZAECMKHC 19 (12 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

20/2022

Judge

A Govindjee

The court found that, although the prescribed minimum sentence for murder is life imprisonment, substantial and compelling circumstances existed to justify deviation. These included the accused's status as a first offender, his less active role in the murder, his guilty plea, and his subsequent conduct. The court accepted that he was not the main instigator, was unarmed, and showed some degree of remorse, albeit more regret than genuine remorse. The cumulative effect of these factors rendered a life sentence unjust and disproportionate, and would destroy any prospect of rehabilitation. For ro…

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• Minimum Sentences Act
• Murder With Common Purpose
• Robbery With Aggravating Circumstances
• Immigration Offences
• Sentencing Principles

Yuma v S (A09 / 2022)

Yuma v S (A09 / 2022) [2022] ZAMPMBHC 7 (3 February 2022)

Court

Mbombela High Court, Mpumalanga

Case number

A09 / 2022

Judge

Ratshibvumo

High Court appeal against refusal of bail dismissed in a case involving alleged forged immigration documents and risk of evading trial.

• Bail Application
• Immigration Offences
• Fraudulent Documentation
• Likelihood Of Evasion
• Court Decorum
• Bail-appeal

S v Saeed (R14/2021)

S v Saeed (R14/2021) [2021] ZAFSHC 83 (24 March 2021)

Court

Free State High Court, Bloemfontein

Case number

R14/2021

Judges

Opperman, Reinders

The High Court set aside a minor’s guilty plea and conviction because the Child Justice Act had not been applied, and sent the matter back to the District Court.

• Child Justice Act
• Guilty Plea Procedure
• Immigration Offences
• Review Of Conviction
• Child-justice-act
• Guilty-plea-procedure

Moyo v S (A208/2020)

Moyo v S (A208/2020) [2021] ZAGPPHC 141 (5 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

A208/2020

Judges

N. P. Mali, D. Pick

Appeal against sentence dismissed where the High Court held the trial court properly weighed the appellant’s circumstances, offences, and societal interests.

• Sentencing Principles
• Fraud
• Immigration Offences
• Concurrent Sentences
• Criminal-sentencing
• Appeal-against-sentence

S v Mlambo and Others (R73/2020)

S v Mlambo and Others (R73/2020) [2021] ZAFSHC 48 (24 February 2021)

Court

Free State High Court, Bloemfontein

Case number

R73/2020

Judges

Mathebula, O'Brien

The High Court reviewed an impermissible trespassing sentence, replacing it with two years’ imprisonment from 23 August 2019 and ordering concurrency with related sentences.

• Sentencing Review
• Impermissible Sentence
• Trespassing
• Immigration Offences
• Concurrent Sentences
• Sentencing-review